SB 1029: North Coast Railroad Authority.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-09-29
(1)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, including the authorization to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
This bill would require the Transportation Agency, in consultation with the Natural Resources Agency, upon the appropriation of moneys by the Legislature for these purposes, to conduct an assessment of the North Coast Railroad Authority to provide information necessary to determine the most appropriate way to dissolve the authority and dispense with its assets and liabilities, and to report on the assessment to the Legislature before July 1, 2020. The bill would authorize those agencies to request the Department of General Services, the Department of Finance, or any department within their agencies, or contract with other entities, to perform the work the agencies deem necessary to carry out the assessment. The bill would require the Transportation Agency to prioritize the assessment of the southern portion of the rail corridor, and would authorize the Transportation Agency to separately report information related to the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District.
This bill would repeal and revise various provisions relating to the authority. The bill would authorize the authority to acquire, own, operate, and lease real and personal property reasonably related to, instead, the furtherance of certain purposes, the planned transfer of all of its assets, and its dissolution. The bill would require the authority to cooperate with the assessment conducted by the Transportation Agency and Natural Resources Agency, and to provide access to all authority records, files, documents, accounts, reports, correspondence, and financial affairs to the agencies, and any entity conducting the assessment for the agencies.
Existing law creates, within the Counties of Sonoma and Marin, the Sonoma-Marin Area Rail Transit District with specified duties and powers. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service, and authorizes the district, among other things, to provide a rail transit system for the transportation of passengers and their incidental baggage by rail.
This bill would authorize the district to also provide a rail transit system for the provision of freight service by rail.
Existing law creates the Public Transportation Account as a trust fund. Existing law requires revenues in the account to be used solely for mass transportation and transportation planning purposes, as specified.
This bill would appropriate $4,000,000 to the Transportation Agency from the Public Transportation Account for rail improvements on the corridor owned by the district and the authority. The bill would allocate those moneys to the district for the acquisition of freight rights and equipment from the Northwestern Pacific Railroad Company to ensure efficient provision of goods movement requirements in the corridor in the context of growing passenger service, and authorizes the transfer of those moneys to the district, as specified.
(2)Because this bill would impose new requirements on local entities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, including the authorization to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
This bill would require the Transportation Agency, in consultation with the Natural Resources Agency, upon the appropriation of moneys by the Legislature for these purposes, to conduct an assessment of the North Coast Railroad Authority to provide information necessary to determine the most appropriate way to dissolve the authority and dispense with its assets and liabilities, and to report on the assessment to the Legislature before July 1, 2020. The bill would authorize those agencies to request the Department of General Services, the Department of Finance, or any department within their agencies, or contract with other entities, to perform the work the agencies deem necessary to carry out the assessment. The bill would require the Transportation Agency to prioritize the assessment of the southern portion of the rail corridor, and would authorize the Transportation Agency to separately report information related to the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District.
This bill would repeal and revise various provisions relating to the authority. The bill would authorize the authority to acquire, own, operate, and lease real and personal property reasonably related to, instead, the furtherance of certain purposes, the planned transfer of all of its assets, and its dissolution. The bill would require the authority to cooperate with the assessment conducted by the Transportation Agency and Natural Resources Agency, and to provide access to all authority records, files, documents, accounts, reports, correspondence, and financial affairs to the agencies, and any entity conducting the assessment for the agencies.
Existing law creates, within the Counties of Sonoma and Marin, the Sonoma-Marin Area Rail Transit District with specified duties and powers. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service, and authorizes the district, among other things, to provide a rail transit system for the transportation of passengers and their incidental baggage by rail.
This bill would authorize the district to also provide a rail transit system for the provision of freight service by rail.
Existing law creates the Public Transportation Account as a trust fund. Existing law requires revenues in the account to be used solely for mass transportation and transportation planning purposes, as specified.
This bill would appropriate $4,000,000 to the Transportation Agency from the Public Transportation Account for rail improvements on the corridor owned by the district and the authority. The bill would allocate those moneys to the district for the acquisition of freight rights and equipment from the Northwestern Pacific Railroad Company to ensure efficient provision of goods movement requirements in the corridor in the context of growing passenger service, and authorizes the transfer of those moneys to the district, as specified.
(2)Because this bill would impose new requirements on local entities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, including the authorization to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
This bill would require the Transportation Agency, in consultation with the Natural Resources Agency, upon the appropriation of moneys by the Legislature for these purposes, to conduct an assessment of the North Coast Railroad Authority to provide information necessary to determine the most appropriate way to dissolve the authority and dispense with its assets and liabilities, and to submit that report on the assessment to the Legislature before July 1, 2020. The bill would authorize those agencies to request the Department of General Services, the Department of Finance, or any department within their agencies, or contract with other entities, to perform the work the agencies deem necessary to carry out the assessment. The bill would require the Transportation Agency to prioritize the assessment of the southern portion of the rail corridor, and would authorize the Transportation Agency to separately report information related to the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District.
This bill would repeal and revise various provisions relating to the authority. The bill would authorize the authority to acquire, own, operate, and lease real and personal property reasonably related to, instead, the furtherance of certain purposes, the planned transfer of all of its assets, and its dissolution. The bill would require the authority to cooperate with the assessment conducted by the Transportation Agency and Natural Resources Agency, and to provide access to all authority records, files, documents, accounts, reports, correspondence, and financial affairs to the agencies, and any entity conducting the assessment for the agencies.
Existing law creates, within the Counties of Sonoma and Marin, the Sonoma-Marin Area Rail Transit District with specified duties and powers. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service, and authorizes the district, among other things, to provide a rail transit system for the transportation of passengers and their incidental baggage by rail.
This bill would authorize the district to also provide a rail transit system for the provision of freight service by rail.
Existing law creates the Public Transportation Account as a trust fund. Existing law requires revenues in the account to be used solely for mass transportation and transportation planning purposes, as specified.
This bill would appropriate $4,000,000 to the State Transportation Agency from the Public Transportation Account for rail improvements on the corridor owned by the district and the authority. The bill would allocate those moneys to the district for the acquisition of freight rights and equipment from the Northwestern Pacific Railroad Company to ensure efficient provision of goods movement requirements in the corridor in the context of growing passenger service, and authorizes the transfer of those moneys to the district, as specified.
(2)Because this bill would impose new requirements on local entities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, including the authority authorization to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
This bill would require the Transportation Agency, in consultation with the Natural Resources Agency, to conduct an assessment of the North Coast Railroad Authority to provide information necessary to determine the most appropriate way to dissolve the authority and dispense with its assets and liabilities, and to submit that assessment to the Legislature before July 1, 2020. The bill would authorize those agencies to request the Department of General Services, the Department of Finance, or any department within their agencies, or contract with other entities, to perform the work the agencies deem necessary to carry out the assessment. The bill would require the Transportation Agency to prioritize the assessment of the southern portion of the rail corridor, and would authorize the Transportation Agency to separately report information related to the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District.
This bill would repeal and revise various provisions relating to the authority. The bill would authorize the authority to acquire, own, operate, and lease real and personal property reasonably related to, instead, the furtherance of certain purposes, the planned transfer of all of its assets, and its dissolution. The bill would require the authority to cooperate with the assessment conducted by the Transportation Agency and Natural Resources Agency, and to provide access to all authority records, files, documents, accounts, reports, correspondence, and financial affairs to the agencies, and any entity conducting the assessment for the agencies.
Existing law establishes in state government the California Transportation Commission with specified powers and duties relative to the programming of transportation capital improvement projects and other related matters.This bill would require the commission to conduct an assessment of the authoritys preexisting liabilities related to debt, litigation, or contractual obligations and report that information to the Legislature before July 1, 2019.This bill would require the authority, before April 1, 2019, to transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to its right-of-way south of mile post 142.5, its licenses and certificates of public convenience and necessity, common carrier obligations held by the authority or an associated freight operator, and the railroad assets the authority owns to the Sonoma-Marin Area Rail Transit District, and would require the authority, before July 1, 2019, to transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to its right-of-way north of mile post 142.5 to the Great Redwood Trail Agency. The bill would abolish the authority after those transfers are made.This bill would create the Great Redwood Trail Agency, and provide for the appointment of its board of directors. The bill would, to the extent funding is available, require the agency to, among other things, inventory any parcel, easement, or contract related to the northern portion of the right-of-way, complete an environmental assessment of the conditions of the northern portion of the right-of-way, plan, construct, operate, and maintain a trail in, or next to, the northern portion of the right-of-way, and complete a railbanking process, if and where appropriate. The bill would also provide that the agency has certain enumerated rights and powers, including to fix and collect fees, make grants, acquire interests in real property, and to enter into contracts and joint powers agreements.This bill would create the Great Redwood Trail Program Fund, and would require certain moneys to be deposited into the fund and to be available for certain purposes.(2)Existing law creates, within the Counties of Sonoma and Marin, the Sonoma-Marin Area Rail Transit District, which is governed by a 12-member board of directors, with specified duties and powers. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service and authorizes the district to own, operate, manage, and maintain a passenger rail system within the territory of the district.This bill would authorize the district to consider the need and financing for employee workforce housing, and would add a member to the districts board of directors, to be appointed by the Mendocino County Board of Supervisors. The bill would require the district to conduct a freight rail study incorporating the southern portion of the right-of-way transferred to the district as described in paragraph (1), and would require the district to create and maintain a trail that begins at mile post 142.5, runs in, or parallel to, the southern portion of the right-of-way, as appropriate, and connects to the districts bicycle and pedestrian pathways to the extent feasible. The bill would also make various conforming changes to the districts provisions relating to the abolishment of the North Coast Rail Authority. The bill would repeal the requirement that the district obtain coverage for itself and its employees under certain federal laws. (3)(2)Because this bill would impose new requirements on local entities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, including the authority to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
Existing law establishes in state government the California Transportation Commission with specified powers and duties relative to the programming of transportation capital improvement projects and other related matters.
This bill would require the commission to conduct an assessment of the authoritys preexisting liabilities related to debt, litigation, or contractual obligations and report that information to the Legislature before July 1, 2019.
This bill would require the authority, before April 1, 2019, to 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 a point in the City of Willits mile post 142.5, its licenses and certificates of public convenience and necessity, common carrier obligations held by the authority or an associated freight operator, and the railroad assets the authority owns to the Sonoma-Marin Area Rail Transit District, and would require the authority, before July 1, 2019, to transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to its right-of-way north of that point in the City of Willits mile post 142.5 to the Great Redwood Trail Agency. The bill would abolish the authority after those transfers are made.
This bill would create the Great Redwood Trail Agency, and provide for the appointment of its board of directors. The bill would, to the extent funding is available, require the agency to to, among other things, inventory any parcel parcel, easement, or contract related to the northern portion of the right-of-way, complete an environmental assessment of the conditions of the northern portion of the right-of-way, create plan, construct, operate, and maintain a trail in, or next to, the northern portion of the right-of-way, and complete the a railbanking process on a portion of the northern right-of-way, and authorize the agency to contract with an operator to operate freight or excursion rail service on the remaining portion of the northern right-of-way, as specified. process, if and where appropriate. The bill would also provide that the agency has certain enumerated rights and powers, including to fix and collect fees, make grants, acquire interests in real property, and to enter into contracts and joint powers agreements.
This bill would create the Great Redwood Trail Program Fund, and would require certain moneys to be deposited into the fund and to be available for certain purposes.
(2)Existing law creates, within the Counties of Sonoma and Marin, the Sonoma-Marin Area Rail Transit District, which is governed by a 12-member board of directors, with specified duties and powers. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service and authorizes the district to own, operate, manage, and maintain a passenger rail system within the territory of the district.
This bill would authorize the district to consider the need and financing for employee workforce housing, and would add a member to the districts board of directors, to be appointed by the Mendocino County Board of Supervisors. The bill would require the district to conduct a freight rail study incorporating the southern portion of the right-of-way transferred to the district as described in paragraph (1). (1), and would require the district to create and maintain a trail that begins at mile post 142.5, runs in, or parallel to, the southern portion of the right-of-way, as appropriate, and connects to the districts bicycle and pedestrian pathways to the extent feasible. The bill would also make various conforming changes to the districts provisions relating to the abolishment of the North Coast Rail Authority. The bill would repeal the requirement that the district obtain coverage for itself and its employees under certain federal laws.
(3)Because this bill would impose new requirements on local entities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, including the authority to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
Existing law establishes in state government the California Transportation Commission with specified powers and duties relative to the programming of transportation capital improvement projects and other related matters.
This bill would require the commission to conduct an assessment of the authoritys preexisting liabilities related to debt, litigation, or contractual obligations and report that information to the Legislature before July 1, 2019.
This bill would require the authority, before April 1, 2019, to 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 a point in the City of Willits and the railroad assets the authority owns to the Sonoma-Marin Area Rail Transit District, and would require the authority, before July 1, 2019, to transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to its right-of-way north of that point in the City of Willits to the Department of Transportation. Great Redwood Trail Agency. The bill would abolish the authority after those transfers are made.
(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.This bill would create the Great Redwood Trail Agency, and provide for the appointment of its board of directors. The bill would require the agency, upon 4 board members joining the agencys initial board of directors, to advise the department on certain issues relating to the northern right-of-way. The bill would would, to the extent funding is available, require the agency to inventory any parcel or contract related to the northern right-of-way, complete an environmental assessment of the northern right-of-way, create and maintain a trail in, or next to, the northern right-of-way. The bill would require the agency to right-of-way, and complete the railbanking process on a portion of the northern right-of-way, and would authorize the agency to contract with an operator to operate freight or excursion rail service on the remaining portion of the northern right-of-way, as specified.
(3)(2)Existing law creates, within the Counties of Sonoma and Marin, the Sonoma-Marin Area Rail Transit District, which is governed by a 12-member board of directors, with specified duties and powers. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service and authorizes the district to own, operate, manage, and maintain a passenger rail system within the territory of the district.
This bill would additionally require authorize the district to consider the need and financing for employee workforce housing, and would add a member to the districts board of directors, to be appointed by the Mendocino County Board of Supervisors. The bill would require the district to conduct a freight rail study incorporating the southern right-of-way transferred to the district as described in paragraph (1). The bill would also make various conforming changes to the districts provisions relating to the abolishment of the North Coast Rail Authority. The bill would repeal the requirement that the district obtain coverage for itself and its employees under certain federal laws.
(4)(3)Because this bill would impose new requirements on local entities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, including the authority to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
This bill would require the authority, before April 1, 2019, to 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 a point in the City of Willits and the railroad assets the authority owns to the Sonoma-Marin Area Rail Transit District, and to transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to its right-of-way north of that point in the City of Willits to the Department of Transportation. The bill would abolish the authority after those transfers are made.
(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.
This bill would create the Great Redwood Trail Agency, and provide for the appointment of its board of directors. The bill would require the agency, upon 4 board members joining the agencys initial board of directors, to advise the department on certain issues relating to the northern right-of-way. The bill would require the agency to create and maintain a trail in, or next to, the northern right-of-way. The bill would require the agency to complete the railbanking process on a portion of the northern right-of-way, and would authorize the agency to contract with an operator to operate freight or excursion rail service on the remaining portion of the northern right-of-way, as specified.
(3)Existing law creates, within the Counties of Sonoma and Marin, the Sonoma-Marin Area Rail Transit District, which is governed by a 12-member board of directors, with specified duties and powers. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service and authorizes the district to own, operate, manage, and maintain a passenger rail system within the territory of the district.
This bill would additionally require the district to provide consider the need and financing for employee workforce housing and the means to finance it, housing, and would add a member to the districts board of directors, to be appointed by the Mendocino County Board of Supervisors. The bill would require the district to conduct a freight rail study incorporating the entire length of the southern right-of-way transferred to the district as described in paragraph (1). The bill would also make various conforming changes to the districts provisions relating to the abolishment of the North Coast Rail Authority. The bill would repeal the requirement that the district obtain coverage for itself and its employees under certain federal laws.
(4)Because this bill would impose new requirements on local entities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, including the authority to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
This bill would require the authority, before April 1, 2019, to 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 a point in the City of Willits and the railroad assets the authority owns to an unspecified successor agency, the Sonoma-Marin Area Rail Transit District, and to transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to its right-of-way north of that point in the City of Willits to the Department of Transportation. The bill would abolish the authority after those transfers are made. The bill would require the unspecified successor agency to conduct a freight rail study incorporating the entire length of the southern right-of-way.
(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.
This bill would create the Great Redwood Trail Agency, and provide for the appointment of its board of directors. The bill would require the agency, upon 4 board members joining the agencys initial board of directors, to advise the department on certain issues relating to the northern right-of-way. The bill would require the agency to create and maintain a trail in, or next to, the northern right-of-way. The bill would require the agency to complete the railbanking process on a portion of the northern right-of-way, and would authorize the agency to contract with an operator to operate freight or excursion rail service on the remaining portion of the northern right-of-way, as specified.
(3)Existing law creates, within the Counties of Sonoma and Marin, the Sonoma-Marin Area Rail Transit District, which is governed by a 12-member board of directors, with specified duties and powers. Existing law requires the district to work with specified authorities to achieve a safe, efficient, and compatible system of passenger and freight rail service and authorizes the district to own, operate, manage, and maintain a passenger rail system within the territory of the district.
This bill would additionally require the district to provide employee workforce housing and the means to finance it, and would add a member to the board of directors, to be appointed by the Mendocino County Board of Supervisors. The bill would require the district to conduct a freight rail study incorporating the entire length of the southern right-of-way transferred to the district as described in paragraph (1). The bill would also make various conforming changes to the districts provisions relating to the abolishment of the North Coast Rail Authority. The bill would repeal the requirement that the district obtain coverage for itself and its employees under certain federal laws.
(3)(4)Because this bill would impose new requirements on local entities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, including the authority to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
This bill would require the authority, before April 1, 2019, to 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 a point in the City of Willits and the railroad assets the authority owns to an unspecified successor agency, and to transfer its rights, privileges, and responsibilities responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to its right-of-way north of that point in the City of Willits to the Department of Transportation. The bill would abolish the authority after those transfers are made. The bill would require the unspecified successor agency to conduct a freight rail study incorporating the entire length of the southern right-of-way.
(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.
This bill would create the Great Redwood Trail Agency, and provides provide for the appointment of its board of directors. The bill would require the agency, upon 4 board members joining the agencys initial board of directors, to advise the department on certain issues relating to railbanking and the creation and maintenance of a trail in, or next to, the northern right-of-way. The bill would require the agency to create and maintain a trail in, or next to, the northern right-of-way. The bill would require the agency to complete the railbanking process on, or next to, on a portion of the northern right-of-way, and would authorize the agency to contract with an operator to operate freight or excursion rail service on the remaining portion of the northern right-of-way, as specified.
(3)Because this bill would impose new requirements on local entities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1)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, including the authority to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
This bill would require the authority, before April 1, 2019, to 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 a point in the City of Willits and the railroad assets the authority owns to an unspecified successor agency, and to transfer its rights, privileges, and responsibilities relating to its right-of-way north of that point in the City of Willits to the Department of Transportation. The bill would abolish the authority after those transfers are made. The bill would require the unspecified successor agency to conduct a freight rail study incorporating the entire length of the southern right-of-way.
(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.
This bill would create the Great Redwood Trail Agency, and provides for the appointment of its board of directors. The bill would require the agency, upon 4 board members joining the agencys initial board of directors, to advise the department on issues relating to railbanking and the creation and maintenance of a trail in, or next to, the northern right-of-way. The bill would require the agency to create and maintain a trail in, or next to, the northern right-of-way. The bill would require the agency to complete the railbanking process on, or next to, a portion of the northern right-of-way, and would authorize the agency to contract with an operator to operate freight or excursion rail service on the remaining portion of the northern right-of-way, as specified.
(3)Because this bill would impose new requirements on local entities, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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, including the authority to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads. This bill would provide that it is the intent of the Legislature to enact legislation to add the creation of a system-wide trail to the priorities of the North Coast Railroad Authority and to seek funds for the maintenance of the active portion of its rail corridor.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, including the authority to acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads.
This bill would provide that it is the intent of the Legislature to enact legislation to add the creation of a system-wide trail to the priorities of the North Coast Railroad Authority and to seek funds for the maintenance of the active portion of its rail corridor.
The Legislature finds and declares that the North Coast Railroad Authoritys railroad tracks, rights-of-way, and other properties provide an opportunity to create a Great Redwood Trail for hiking, biking, and riding, that may be in the public and economic best interests of the north coast.
SEC. 2.Section 13978.9 is added to the Government Code, to read:13978.9.(a)Upon the appropriation of moneys by the Legislature for these purposes, the Transportation Agency, in consultation with the Natural Resources Agency, shall conduct an assessment of the North Coast Railroad Authority to provide information necessary to determine the most appropriate way to dissolve the North Coast Railroad Authority and dispense with its assets and liabilities. The Transportation Agency shall report to the Legislature before July 1, 2020, on its findings and recommendations from the assessment. The report shall include, but not be limited to, all of the following:
(1)An assessment of the North Coast Railroad Authoritys debts, liabilities, contractual obligations, and litigation.
(2)An assessment of the North Coast Railroad Authoritys assets, including property, rights-of-way, easements, and equipment.
(3)An assessment of the North Coast Railroad Authoritys freight contractor lease, including the contractors assets and liabilities to the extent that information is available.
(4)A preliminary assessment of the viability of constructing a trail on the entirety of, or a portion of, the property, rights-of-way, or easements owned by the North Coast Railroad Authority, and recommendations relating to the possible construction of a trail, including both of the following:
(A)Options for railbanking and the governance structure or ownership structure for a new or successor entity that is necessary to railbank property, rights-of-way, and easements along the rail corridor.
(B)A preliminary assessment of which portions of the terrain along the rail corridor may be suitable for a trail.
(5)An assessment of the options for transferring the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District and recommendations on the specific assets and liabilities that could be transferred, including rights or abilities to operate freight rail.
(b)The Transportation Agency and the Natural Resources Agency may request the Department of General Services, the Department of Finance, or any department within their agencies, or contract with other entities, to perform the work the agencies deem necessary to carry out the duties described in this section. Any work done by the Department of General Services, the Department of Finance, or any department within the agencies pursuant to such a request may be conducted using the power and authority of the requested department.
(c)The Transportation Agency shall prioritize the assessment of the southern portion of the rail corridor and may separately report information related to the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District. It is the intent of the Legislature that information and recommendations regarding the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District be provided as expeditiously as possible and not be delayed due to the potential complexity of assessing the northern portion of the rail corridor.
(d)(1)A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.
(2)Pursuant to Section 10231.5, this section is repealed on January 1, 2024.
SEC. 3.Section 93000 of the Government Code is amended to read:93000.This title shall be known and may be cited as the North Coast Railroad Authority Closure and Transition to Trails Act.
SEC. 4.Section 93001 of the Government Code is repealed.SEC. 5.Section 93002 of the Government Code is repealed.SEC. 6.Section 93003 of the Government Code is repealed.SEC. 7.Section 93003 is added to the Government Code, to read:93003.The Legislature finds and declares that it is in the public interest to dissolve the authority, and to transfer its rights-of-way to other entities for the purpose of potentially developing a trail that could include railbanking and continuing freight where it was operational on January 1, 2018.
SEC. 8.Section 93010 of the Government Code is amended to read:93010.(a)The authority is hereby created, having a service area comprised of the Counties of Humboldt, Mendocino, Sonoma, and Trinity.
(b)The County of Marin may elect to join the authority and, if that election is made, the authority is expanded to include that county.
SEC. 9.Section 93020 of the Government Code is amended to read:93020.(a)The authority has all of the following powers:
(1)To acquire, own, operate, and lease real and personal property reasonably related to the furtherance of the purposes of this title, the planned transfer of all of its assets, and its dissolution. Any sale, easement, or lease entered into by the authority after August 1, 2018, shall be approved by the California Transportation Commission.
(2)To operate railroads along the rights-of-way where they were in operation on January 1, 2018.
(3)To accept grants or loans from state or federal agencies.
(4)To employ an executive officer, other staff, and consultants deemed appropriate for support of the activities of the authority, to further the purposes of this title.
(b)The authority shall do all of the following:
(1)In coordination with state agencies, immediately begin planning for the transfer of all of the authoritys assets and liabilities and for the dissolution of the authority.
(2)Cooperate with its freight contractor to continue freight operations along the rights-of-way where they were in operation on January 1, 2018.
(3)Cooperate with, and provide information upon request to, the Transportation Agency, Natural Resources Agency, or other state or local agencies or contractors working at the direction of the Transportation Agency or Natural Resources Agency.
(4)Cooperate fully with the assessment conducted pursuant to Section 13978.9.
SEC. 10.Section 93021 of the Government Code is amended to read:93021.The authority may acquire, own, lease, and operate railroad lines and equipment, including, but not limited to, real and personal property, tracks, rights-of-way, equipment, and facilities, to further the purposes of this title.
SEC. 11.Section 93022 of the Government Code is repealed.SEC. 12.Section 93022 is added to the Government Code, to read:93022.The authority shall cooperate with the assessment conducted by the Transportation Agency and Natural Resources Agency pursuant to Section 13978.9, and shall provide access to all authority records, files, documents, accounts, reports, correspondence, and financial affairs to the agencies, and any entity conducting the assessment for the agencies, pursuant to Section 13978.9.
SEC. 13.Section 93023 of the Government Code is repealed.SEC. 14.Section 93024 of the Government Code is repealed.SEC. 15.Section 105095 of the Public Utilities Code is amended to read:105095.The district may provide a rail transit system for the transportation of passengers and their incidental baggage by rail and provision of freight service by rail.
SEC. 16.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 17.The sum of four million dollars ($4,000,000) is hereby appropriated to the State Transportation Agency from the Public Transportation Account for rail improvements on the corridor owned by the Sonoma-Marin Area Rail Transit District and the North Coast Railroad Authority. These moneys shall be allocated to the Sonoma-Marin Area Rail Transit District for the acquisition of freight rights and equipment from the Northwestern Pacific Railroad Company to ensure efficient provision of goods movement requirements in the corridor in the context of growing passenger service. Following a signed baseline agreement between the State Transportation Agency and the Sonoma-Marin Area Rail Transit District that articulates deliverables, the anticipated expenditure schedule, and reporting requirements, the Secretary of Transportation may transfer these moneys to the Sonoma-Marin Area Rail Transit District pursuant to the provisions of the baseline agreement. These moneys shall not be transferred to the Sonoma-Marin Area Rail Transit District for the acquisition of freight rights and equipment from the Northwestern Pacific Railroad Company unless the terms and conditions of the baseline agreement have been approved by both the Secretary of Transportation and the Director of Finance. If these moneys are not transferred to the Sonoma-Marin Area Rail Transit District within two years of the chaptering of this act, these moneys shall be returned to the Public Transportation Account.
The Legislature finds and declares that the North Coast Railroad Authoritys railroad tracks, rights-of-way, and other properties provide an opportunity to create a Great Redwood Trail for hiking, biking, and riding, that may be in the public and economic best interests of the north coast.
SEC. 2.Section 13978.9 is added to the Government Code, to read:13978.9.(a)Upon the appropriation of moneys by the Legislature for these purposes, the Transportation Agency, in consultation with the Natural Resources Agency, shall conduct an assessment of the North Coast Railroad Authority to provide information necessary to determine the most appropriate way to dissolve the North Coast Railroad Authority and dispense with its assets and liabilities. The Transportation Agency shall report to the Legislature before July 1, 2020, on its findings and recommendations from the assessment. The report shall include, but not be limited to, all of the following:
(1)An assessment of the North Coast Railroad Authoritys debts, liabilities, contractual obligations, and litigation.
(2)An assessment of the North Coast Railroad Authoritys assets, including property, rights-of-way, easements, and equipment.
(3)An assessment of the North Coast Railroad Authoritys freight contractor lease, including the contractors assets and liabilities to the extent that information is available.
(4)A preliminary assessment of the viability of constructing a trail on the entirety of, or a portion of, the property, rights-of-way, or easements owned by the North Coast Railroad Authority, and recommendations relating to the possible construction of a trail, including both of the following:
(A)Options for railbanking and the governance structure or ownership structure for a new or successor entity that is necessary to railbank property, rights-of-way, and easements along the rail corridor.
(B)A preliminary assessment of which portions of the terrain along the rail corridor may be suitable for a trail.
(5)An assessment of the options for transferring the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District and recommendations on the specific assets and liabilities that could be transferred, including rights or abilities to operate freight rail.
(b)The Transportation Agency and the Natural Resources Agency may request the Department of General Services, the Department of Finance, or any department within their agencies, or contract with other entities, to perform the work the agencies deem necessary to carry out the duties described in this section. Any work done by the Department of General Services, the Department of Finance, or any department within the agencies pursuant to such a request may be conducted using the power and authority of the requested department.
(c)The Transportation Agency shall prioritize the assessment of the southern portion of the rail corridor and may separately report information related to the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District. It is the intent of the Legislature that information and recommendations regarding the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District be provided as expeditiously as possible and not be delayed due to the potential complexity of assessing the northern portion of the rail corridor.
(d)(1)A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.
(2)Pursuant to Section 10231.5, this section is repealed on January 1, 2024.
SEC. 3.Section 93000 of the Government Code is amended to read:93000.This title shall be known and may be cited as the North Coast Railroad Authority Closure and Transition to Trails Act.
SEC. 4.Section 93001 of the Government Code is repealed.SEC. 5.Section 93002 of the Government Code is repealed.SEC. 6.Section 93003 of the Government Code is repealed.SEC. 7.Section 93003 is added to the Government Code, to read:93003.The Legislature finds and declares that it is in the public interest to dissolve the authority, and to transfer its rights-of-way to other entities for the purpose of potentially developing a trail that could include railbanking and continuing freight where it was operational on January 1, 2018.
SEC. 8.Section 93010 of the Government Code is amended to read:93010.(a)The authority is hereby created, having a service area comprised of the Counties of Humboldt, Mendocino, Sonoma, and Trinity.
(b)The County of Marin may elect to join the authority and, if that election is made, the authority is expanded to include that county.
SEC. 9.Section 93020 of the Government Code is amended to read:93020.(a)The authority has all of the following powers:
(1)To acquire, own, operate, and lease real and personal property reasonably related to the furtherance of the purposes of this title, the planned transfer of all of its assets, and its dissolution. Any sale, easement, or lease entered into by the authority after August 1, 2018, shall be approved by the California Transportation Commission.
(2)To operate railroads along the rights-of-way where they were in operation on January 1, 2018.
(3)To accept grants or loans from state or federal agencies.
(4)To employ an executive officer, other staff, and consultants deemed appropriate for support of the activities of the authority, to further the purposes of this title.
(b)The authority shall do all of the following:
(1)In coordination with state agencies, immediately begin planning for the transfer of all of the authoritys assets and liabilities and for the dissolution of the authority.
(2)Cooperate with its freight contractor to continue freight operations along the rights-of-way where they were in operation on January 1, 2018.
(3)Cooperate with, and provide information upon request to, the Transportation Agency, Natural Resources Agency, or other state or local agencies or contractors working at the direction of the Transportation Agency or Natural Resources Agency.
(4)Cooperate fully with the assessment conducted pursuant to Section 13978.9.
SEC. 10.Section 93021 of the Government Code is amended to read:93021.The authority may acquire, own, lease, and operate railroad lines and equipment, including, but not limited to, real and personal property, tracks, rights-of-way, equipment, and facilities, to further the purposes of this title.
SEC. 11.Section 93022 of the Government Code is repealed.SEC. 12.Section 93022 is added to the Government Code, to read:93022.The authority shall cooperate with the assessment conducted by the Transportation Agency and Natural Resources Agency pursuant to Section 13978.9, and shall provide access to all authority records, files, documents, accounts, reports, correspondence, and financial affairs to the agencies, and any entity conducting the assessment for the agencies, pursuant to Section 13978.9.
SEC. 13.Section 93023 of the Government Code is repealed.SEC. 14.Section 93024 of the Government Code is repealed.SEC. 15.Section 105095 of the Public Utilities Code is amended to read:105095.The district may provide a rail transit system for the transportation of passengers and their incidental baggage by rail and provision of freight service by rail.
SEC. 16.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 17.The sum of four million dollars ($4,000,000) is hereby appropriated to the State Transportation Agency from the Public Transportation Account for rail improvements on the corridor owned by the Sonoma-Marin Area Rail Transit District and the North Coast Railroad Authority. These moneys shall be allocated to the Sonoma-Marin Area Rail Transit District for the acquisition of freight rights and equipment from the Northwestern Pacific Railroad Company to ensure efficient provision of goods movement requirements in the corridor in the context of growing passenger service. Following a signed baseline agreement between the State Transportation Agency and the Sonoma-Marin Area Rail Transit District that articulates deliverables, the anticipated expenditure schedule, and reporting requirements, the Secretary of Transportation may transfer these moneys to the Sonoma-Marin Area Rail Transit District pursuant to the provisions of the baseline agreement. These moneys shall not be transferred to the Sonoma-Marin Area Rail Transit District for the acquisition of freight rights and equipment from the Northwestern Pacific Railroad Company unless the terms and conditions of the baseline agreement have been approved by both the Secretary of Transportation and the Director of Finance. If these moneys are not transferred to the Sonoma-Marin Area Rail Transit District within two years of the chaptering of this act, these moneys shall be returned to the Public Transportation Account.
The Legislature finds and declares that the North Coast Railroad Authoritys railroad tracks, rights-of-way, and other properties provide an opportunity to create a Great Redwood Trail for hiking, biking, and riding, that may be in the public and economic best interests of the north coast.
SEC. 2.Section 13978.9 is added to the Government Code, to read:13978.9.(a)The Upon the appropriation of moneys by the Legislature for these purposes, the Transportation Agency, in consultation with the Natural Resources Agency, shall conduct an assessment of the North Coast Railroad Authority to provide information necessary to determine the most appropriate way to dissolve the North Coast Railroad Authority and dispense with its assets and liabilities. The Transportation Agency shall report to the Legislature before July 1, 2020 2020, on its findings and recommendations from the assessment. The report shall include, but not be limited to, all of the following:
(1)An assessment of the North Coast Railroad Authoritys debts, liabilities, contractual obligations, and litigation.
(2)An assessment of the North Coast Railroad Authoritys assets, including property, rights-of-way, easements, and equipment.
(3)An assessment of the North Coast Railroad Authoritys freight contractor lease, including the contractors assets and liabilities to the extent that information is available.
(4)A preliminary assessment of the viability of constructing a trail on the entirety of, or a portion of, the property, rights-of-way, or easements owned by the North Coast Railroad Authority, and recommendations relating to the possible construction of a trail, including both of the following:
(A)Options for railbanking and the governance structure or ownership structure for a new or successor entity that is necessary to railbank property, rights-of-way, and easements along the rail corridor.
(B)A preliminary assessment of which portions of the terrain along the rail corridor may be suitable for a trail.
(5)An assessment of the options for transferring the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District and recommendations on the specific assets and liabilities that could be transferred, including rights or abilities to operate freight rail.
(b)The Transportation Agency and the Natural Resources Agency may request the Department of General Services, the Department of Finance, or any department within their agencies, or contract with other entities, to perform the work the agencies deem necessary to carry out the duties described in this section. Any work done by the Department of General Services, the Department of Finance, or any department within the agencies pursuant to such a request may be conducted using the power and authority of the requested department.
(c)The Transportation Agency shall prioritize the assessment of the southern portion of the rail corridor and may separately report information related to the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District. It is the intent of the Legislature that information and recommendations regarding the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District be provided as expeditiously as possible and not be delayed due to the potential complexity of assessing the northern portion of the rail corridor.
(d)(1)A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.
(2)Pursuant to Section 10231.5, this section is repealed on January 1, 2024.
SEC. 3.Section 93000 of the Government Code is amended to read:93000.This title shall be known and may be cited as the North Coast Railroad Authority Closure and Transition to Trails Act.
SEC. 4.Section 93001 of the Government Code is repealed.SEC. 5.Section 93002 of the Government Code is repealed.SEC. 6.Section 93003 of the Government Code is repealed.SEC. 7.Section 93003 is added to the Government Code, to read:93003.The Legislature finds and declares that it is in the public interest to dissolve the authority, and to transfer its rights-of-way to other entities for the purpose of potentially developing a trail that could include railbanking and continuing freight where it was operational on January 1, 2018.
SEC. 8.Section 93010 of the Government Code is amended to read:93010.(a)The authority is hereby created, having a service area comprised of the Counties of Humboldt, Mendocino, Sonoma, and Trinity.
(b)The County of Marin may elect to join the authority and, if that election is made, the authority is expanded to include that county.
SEC. 9.Section 93020 of the Government Code is amended to read:93020.(a)The authority has all of the following powers:
(1)To acquire, own, operate, and lease real and personal property reasonably related to the furtherance of the purposes of this title, the planned transfer of all of its assets, and its dissolution. Any sale, easement, or lease entered into by the authority after January 1, 2019, August 1, 2018, shall be approved by the California Transportation Commission.
(2)To operate railroads, including those outside its boundaries in order to connect its lines with the lines of another railroad corporation. railroads along the rights-of-way where they were in operation on January 1, 2018.
(3)To accept grants or loans from state or federal agencies.
(4)To select a franchisee, which may be a public or private entity, to acquire or operate a rail transportation system within the area of the authoritys jurisdiction.(5)(4)To employ an executive officer, other staff, and consultants deemed appropriate for support of the activities of the authority, to further the purposes of this title.
(b)The authority shall do all of the following:
(1)In coordination with state agencies, immediately begin planning for the transfer of all of the authoritys assets and liabilities and for the dissolution of the authority.
(2)Cooperate with its freight contractor to continue freight operations along the rights-of-way where they were in operation on January 1, 2018.
(3)Cooperate with, and provide information upon request to, the Transportation Agency, Natural Resources Agency, or other state or local agencies or contractors working at the direction of the Transportation Agency or Natural Resources Agency.
(4)Cooperate fully with the assessment conducted pursuant to Section 13978.9.
SEC. 10.Section 93021 of the Government Code is amended to read:93021.The authority may acquire, own, lease, and operate railroad lines and equipment, including, but not limited to, real and personal property, tracks, rights-of-way, equipment, and facilities, to further the purposes of this title.
SEC. 11.Section 93022 of the Government Code is repealed.SEC. 12.Section 93022 is added to the Government Code, to read:93022.The authority shall cooperate with the assessment conducted by the Transportation Agency and Natural Resources Agency pursuant to Section 13978.9, and shall provide access to all authority records, files, documents, accounts, reports, correspondence, and financial affairs to the agencies, and any entity conducting the assessment for the agencies, pursuant to Section 13978.9.
SEC. 13.Section 93023 of the Government Code is repealed.SEC. 14.Section 93024 of the Government Code is repealed.SEC. 15.Section 105095 of the Public Utilities Code is amended to read:105095.The district may provide a rail transit system for the transportation of passengers and their incidental baggage by rail. rail and provision of freight service by rail.
SEC. 15.SEC. 16.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 17.The sum of four million dollars ($4,000,000) is hereby appropriated to the State Transportation Agency from the Public Transportation Account for rail improvements on the corridor owned by the Sonoma-Marin Area Rail Transit District and the North Coast Railroad Authority. These moneys shall be allocated to the Sonoma-Marin Area Rail Transit District for the acquisition of freight rights and equipment from the Northwestern Pacific Railroad Company to ensure efficient provision of goods movement requirements in the corridor in the context of growing passenger service. Following a signed baseline agreement between the State Transportation Agency and the Sonoma-Marin Area Rail Transit District that articulates deliverables, the anticipated expenditure schedule, and reporting requirements, the Secretary of Transportation may transfer these moneys to the Sonoma-Marin Area Rail Transit District pursuant to the provisions of the baseline agreement. These moneys shall not be transferred to the Sonoma-Marin Area Rail Transit District for the acquisition of freight rights and equipment from the Northwestern Pacific Railroad Company unless the terms and conditions of the baseline agreement have been approved by both the Secretary of Transportation and the Director of Finance. If these moneys are not transferred to the Sonoma-Marin Area Rail Transit District within two years of the chaptering of this act, these moneys shall be returned to the Public Transportation Account.
The Legislature finds and declares that the North Coast Railroad Authoritys railroad tracks, rights-of-way, and other properties provide an opportunity to create a Great Redwood Trail for hiking, biking, and riding, that may be in the public and economic best interests of the north coast.
SEC. 2.Section 13978.9 is added to the Government Code, to read:13978.9.(a)The Transportation Agency, in consultation with the Natural Resources Agency, shall conduct an assessment of the North Coast Railroad Authority to provide information necessary to determine the most appropriate way to dissolve the North Coast Railroad Authority and dispense with its assets and liabilities. The Transportation Agency shall report to the Legislature before July 1, 2020 on its findings and recommendations from the assessment. The report shall include, but not be limited to, all of the following:
(1)An assessment of the North Coast Railroad Authoritys debts, liabilities, contractual obligations, and litigation.
(2)An assessment of the North Coast Railroad Authoritys assets, including property, rights-of-way, easements, and equipment.
(3)An assessment of the North Coast Railroad Authoritys freight contractor lease, including the contractors assets and liabilities to the extent that information is available.
(4)A preliminary assessment of the viability of constructing a trail on the entirety of, or a portion of, the property, rights-of-way, or easements owned by the North Coast Railroad Authority, and recommendations relating to the possible construction of a trail, including both of the following:
(A)Options for railbanking and the governance structure or ownership structure for a new or successor entity that is necessary to railbank property, rights-of-way, and easements along the rail corridor.
(B)A preliminary assessment of which portions of the terrain along the rail corridor may be suitable for a trail.
(5)An assessment of the options for transferring the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District and recommendations on the specific assets and liabilities that could be transferred, including rights or abilities to operate freight rail.
(b)The Transportation Agency and the Natural Resources Agency may request the Department of General Services, the Department of Finance, or any department within their agencies, or contract with other entities, to perform the work the agencies deem necessary to carry out the duties described in this section. Any work done by the Department of General Services, the Department of Finance, or any department within the agencies pursuant to such a request may be conducted using the power and authority of the requested department.
(c)The Transportation Agency shall prioritize the assessment of the southern portion of the rail corridor and may separately report information related to the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District. It is the intent of the Legislature that information and recommendations regarding the potential transfer of the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District be provided as expeditiously as possible and not be delayed due to the potential complexity of assessing the northern portion of the rail corridor.
(d)(1)A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.
(2)Pursuant to Section 10231.5, this section is repealed on January 1, 2024.
SEC. 3.Section 93000 of the Government Code is amended to read:93000.This title shall be known and may be cited as the North Coast Railroad Authority Closure and Transition to Trails Act.
SEC. 4.Section 93001 of the Government Code is repealed.93001.It is the intent of the Legislature, in enacting this title, to provide an alternative for ensuring railroad service if the Interstate Commerce Commission authorizes the abandonment or discontinuance of service on, or in the event of the bankruptcy or sale of, the current Eureka Southern Railroad line, the Northwestern Pacific Railroad line, or the California Western Railroad line.It is the intent of the Legislature to provide a means to consider and, if justified, to pursue economic development opportunities and projects related to rail service along these railroad lines.It is the further intent of the Legislature that this title not provide a justification for the commission to grant a petition for abandonment or discontinuance of service on any of those lines.SEC. 5.Section 93002 of the Government Code is repealed.93002.It is the intent of the Legislature that the authority be expanded to include the County of Del Norte if the extension of rail service to that county becomes feasible at a future date.SEC. 6.Section 93003 of the Government Code is repealed.93003.The Legislature finds and declares that maintaining railroad service to the north coast area of California will provide economic benefits and, in addition, do all of the following:(a)Ensure continuing passenger and freight railroad service to the north coast area.(b)Explore opportunities for the improvement of rail service extending from Humboldt County through Mendocino County, and the potential extension of rail service to Del Norte County.(c)Enhance tourist access to the north coast area and encourage the establishment of tourist-related facilities.(d)Reduce reliance on motor vehicles and encourage the use of rail service as an alternative transportation means.(e)Reduce traffic congestion on and deterioration of State Highway Route 101.(f)Provide convenient and attractive transportation service for residents of and visitors to the north coast area.SEC. 7.Section 93003 is added to the Government Code, to read:93003.The Legislature finds and declares that it is in the public interest to dissolve the authority, and to transfer its rights-of-way to other entities for the purpose of potentially developing a trail that could include railbanking and continuing freight where it was operational on January 1, 2018.
SEC. 8.Section 93010 of the Government Code is amended to read:93010.(a)The authority is hereby created, having a service area comprised of the Counties of Humboldt, Mendocino, Sonoma, and Trinity, to provide rail passenger and freight service within those counties. Trinity.
(b)The County of Marin may elect to join the authority and, if that election is made, the authority is expanded to include that county.
SEC. 9.Section 93020 of the Government Code is amended to read:93020.(a)The authority has all of the following powers:
(a)(1)To acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads. furtherance of the purposes of this title, the planned transfer of all of its assets, and its dissolution. Any sale, easement, or lease entered into by the authority after January 1, 2019, shall be approved by the California Transportation Commission.
(b)To issue revenue bonds pursuant to Section 93024 for any purpose of the authority.(c)To acquire property by purchase, lease, gift, or through exercise of the power of eminent domain.(d)(2)To operate railroads, including those outside its boundaries in order to connect its lines with the lines of another railroad corporation.
(e)(3)To accept grants or loans from state or federal agencies.
(f)(4)To select a franchisee, which may be a public or private entity, to acquire or operate a rail transportation system within the area of the authoritys jurisdiction.
(5)To employ an executive officer, other staff, and consultants deemed appropriate for support of the activities of the authority, to further the purposes of this title.
(b)The authority shall do all of the following:
(1)In coordination with state agencies, immediately begin planning for the transfer of all of the authoritys assets and liabilities and for the dissolution of the authority.
(2)Cooperate with its freight contractor to continue freight operations along the rights-of-way where they were in operation on January 1, 2018.
(3)Cooperate with, and provide information upon request to, the Transportation Agency, Natural Resources Agency, or other state or local agencies or contractors working at the direction of the Transportation Agency or Natural Resources Agency.
(4)Cooperate fully with the assessment conducted pursuant to Section 13978.9.
SEC. 10.Section 93021 of the Government Code is amended to read:93021.The authority may acquire, own, lease, and operate railroad lines and equipment, including, but not limited to, real and personal property, tracks, rights-of-way, equipment, and facilities. facilities, to further the purposes of this title.
SEC. 11.Section 93022 of the Government Code is repealed.93022.The authority may prepare a plan for the acquisition and operation of any railroad line specified in Section 93001, at no expense to the state, to achieve the purposes set forth in Section 93003.SEC. 12.Section 93022 is added to the Government Code, to read:93022.The authority shall cooperate with the assessment conducted by the Transportation Agency and Natural Resources Agency pursuant to Section 13978.9, and shall provide access to all authority records, files, documents, accounts, reports, correspondence, and financial affairs to the agencies, and any entity conducting the assessment for the agencies, pursuant to Section 13978.9.
SEC. 13.Section 93023 of the Government Code is repealed.93023.After preparation of a plan pursuant to Section 93022, the authority may do any of the following:(a)Conduct engineering and other studies related to the acquisition of any railroad line.(b)Evaluate alternative plans from the private sector to acquire, finance, and operate a railroad system in a manner which achieves the purposes specified in Section 93003.(c)Establish criteria for the award of a franchise.(d)Select a franchisee to acquire, finance, and operate the railroad system.(e)Accept grants, gifts, fees, or allocations from other entities, including private and public sources.(f)Employ an executive officer, other staff, and consultants deemed appropriate for support of the activities of the authority.SEC. 14.Section 93024 of the Government Code is repealed.93024.(a)The authority may issue bonds, payable from revenues of any facility or enterprise to be acquired or constructed by the authority, in the manner provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code).However, an election is not required in the case of revenue bonds authorized by the board of directors for railroad facilities, and any addition, extension, and improvement thereto, and all other facilities authorized to be acquired, constructed, or completed by the authority under this title.(b)The authority is a local agency within the meaning of the Revenue Bond Law of 1941. The term enterprise, as used in that law, includes railroad facilities, and any addition, extension, and improvement thereto, and all other facilities authorized to be acquired, constructed, or completed by the authority under this title.SEC. 16.SEC. 15.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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:
(a)Create a systemwide hiking, biking, and riding trail along or parallel to the North Coast Railroad Authoritys railroad tracks on the north coast. coast, which will be known as the Great Redwood Trail.
(b)Ascertain all liabilities, debts, contractual obligations, and leasehold interests held by the Northwestern Pacific Railroad Company, and other legal obligations of the North Coast Railroad Authority, transfer the authoritys assets and the right-of-way as provided for in this act, and abolish the North Coast Railroad Authority, which was established by statute in 1989.
(c)(1)Transfer the North Coast Railroad Authoritys real property, rail assets, rail easements, licenses and certificates of public convenience and necessity, common carrier obligations, and right-of-way south of mile post 142.5 in Willits, California, to the Sonoma-Marin Area Rail Transit District.
(2)To the extent funding is available from nonlocal sources, the Sonoma-Marin Area Rail Transit District will be responsible for creating and maintaining a trail that begins at mile post 142.5, runs in, or parallel to, the southern portion of the right-of-way, as appropriate, and connects to the districts bicycle and pedestrian pathways to the extent feasible.
(d)(1)Create the Great Redwood Trail Agency, which will be responsible for constructing and maintaining a hiking, biking, and riding trail in in, or parallel to, the northern portion of the right-of-way, from mile post 142.5 to mile post 300.5.
(e)(2)Transfer the northern portion of the North Coast Railroad Authoritys right-of-way, from mile post 142.5 to mile post 300.5, to the Great Redwood Trail Agency.
(3)Authorize the Great Redwood Trail Agency to work with landowners and fishing organizations to locate and provide appropriate fishing access sites along the northern portion of the right-of-way.
(f)(e)Ensure each portion of the right-of-way not used for rail is railbanked or otherwise used as a trail.
(g)(f)Ensure each portion of the right-of-way used for rail also has a trail created and maintained in, or next parallel to, it.
(h)(1)Provide(g)As the right-of-way runs through working ranch lands and farms, much of it very remote, the Sonoma-Marin Area Rail Transit District and the Great Redwood Trail Agency should take special concern to work with landowners and businesses to mitigate concerns raised by the changes to the right-of-way.
(h)For the portion of the right-of-way from mile post 85 at the Cloverdale Depot to mile post 300.5:
(1)Provide for the creation of the trail the Great Redwood Trail as a multiuse trail wherever practical, provide a safe, continuous contiguous alignment with appropriate and flexible design standards for site conditions, and support the intended uses of the trail. To the extent possible, trail alignments should promote connectivity between communities adjacent, or in close proximity, to established right-of-ways rights-of-way in order to link populations and population centers and to provide enhanced recreation and commuter opportunities. As such, it is the intent of the Legislature to authorize the applicable successor agencies entities to identify nodes that promote connectivity along the route.
(2)Provide for the specific trail use types, including hiking, biking, and equestrian uses, to be determined by site specific studies and a broad community engagement process.
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 Authoritys preexisting liabilities related to debt, litigation, or contractual obligations and report that information to the Legislature before July 1, 2019.
(b)The commission may request the Department of Finance, or contract with another entity, to perform the work the commission deems necessary to carry out the duties described in subdivision (a).
(b)(c)(1)The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.
(2)Pursuant to Section 10231.5, this section is repealed on January 1, 2023.
SEC. 4.Chapter 4 (commencing with Section 93030) is added to Title 12 of the Government Code, to read:4.Abolishment93030.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, 142.5, including any associated real property, rail easements, and branch or spur lines, its licenses and certificates of public convenience and necessity, common carrier obligations, obligations held by the authority or an associated freight operator, 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.
93030.5.In making the transfer pursuant to Section 93030, it is the intent of the legislature to make the Sonoma-Marin Area Rail Transit District the exclusive holder of the right to restart or operate freight service along that portion of the right-of-way and that no third party shall acquire that right.
93031.(a)Before July 1, 2019, the authority shall transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to its right-of-way north of mile post 142.5 in the City of Willits, 142.5, including any associated branch or spur lines, to the Great Redwood Trail Agency created pursuant to Section 5880 of the Public Resources Code.
(b)The transfer made pursuant to subdivision (a) shall not affect or negate any rights under Memorandum of Agreement 1991-2324, which was filed on January 31, 1991, with the county clerk-recorders office for the County of Humboldt.
93032.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-recorders 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:14.Great Redwood Trail Agency5880.(a)The Great Redwood Trail Agency is hereby created.
(b)The goal of this chapter is for the agency to use the existing right-of-way, or paths parallel to the right-of-way, to plan, design, construct, operate, and maintain the northern portion of the Great Redwood Trail in, or parallel to, the right-of-way.
5881.For purposes of this chapter, the following definitions shall apply:
(a)Agency means the Great Redwood Trail Agency.
(b)Board means the agencys board of directors described in Section 5882.
(c)Northern portion of the Great Redwood Trail means the trail planned, designed, constructed, operated, and maintained in, or parallel to, the right-of-way pursuant to paragraph (4) of subdivision (a) of Section 5883.
(c)(d)Right-of-way means the entire length of the right-of-way transferred to the agency pursuant to Section 93031 of the Government Code.
5882.(a)The agency shall be governed by a board of directors, composed as follows:
(a)(1)The Governor shall appoint two board members, one representing the Department of Transportation and one representing the Natural Resources Agency, who are knowledgeable about trails, parks, railroads, or rivers.
(b)(2)The Senate Committee on Rules shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(c)(3)The Speaker of the Assembly shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(d)(4)The Board of Supervisors of the County of Mendocino may appoint one of its members to serve as a board member.
(e)(5)The Board of Supervisors of the County of Humboldt may appoint one of its members to serve as a board member.
(f) ____ may appoint one board member.(6)The Redwood Empire Division of the League of California Cities, or its successor, may appoint one member who is a mayor, or city council member, of a city or town on the right-of-way in the County of Mendocino or Humboldt.
(b)(1)Each member of the board shall serve a term of four years, except that the term of a member appointed pursuant to paragraph (4), (5), or (6) of subdivision (a) shall cease if the member no longer serves as a member of the specified board of supervisors or specified city council, or as the mayor of the specified city.
(2)Notwithstanding paragraph (1), each member shall serve on the board until his or her successor has been appointed.
5883.Upon receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to the authoritys right-of-way north of mile post 142.5 in the City of Willits, 142.5, 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: both of the following subdivisions shall become effective:
(a)To the extent funding is available, the agency shall do all of the following:
(a)(1)Inventory any parcel parcel, easement, or contract related to the right-of-way.
(b)(2)Complete an environmental assessment of the right-of-way. conditions of the right-of-way for purposes of trail development.
(3)If and where appropriate to further the goal of this chapter, initiate and complete the federal Surface Transportation Boards railbanking process.
(4)Plan, design, construct, operate, and maintain a trail in, or parallel to, the right-of-way.
(5)Conduct a thorough community engagement process that includes landowners, trail advocates, environmental groups, and the community at large. Items to be discussed during this process include, but are not limited to, trail configurations parallel to the right-of-way, including those on public lands, connecting the northern portion of the Great Redwood Trail to existing trails, and rail-crossing fees.
(6)Honor existing trail licenses and work with local and state governments and community groups to expeditiously provide new trail license agreements that meet the goal of this chapter.
(7)Utilize the services of the California Conservation Corps, wherever feasible, for projects related to trails, environmental enhancements and restoration, and other improvement projects.
(8)Utilize the services of conservation organizations, wherever feasible, for projects related to fishing access, fish passage barrier restoration, and other environmental enhancement, restoration, and improvement projects.
(9)Prepare a master plan for the northern portion of the Great Redwood Trail, including any environmental analysis required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(10)Before January 1, 2020, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, describing the agencys progress towards fulfilling the requirements and goal relating to the right-of-way.
(11)Restrict public access to each segment of the right-of-way until the construction of the trail segment is completed, as determined by the agency.
(b)To the extent funding is available, the agency may do any of the following:
(1)Contract with a trail manager or organization to meet the requirements of this section.
(2)Contract with an operator to operate freight or excursion rail service except that the service shall not interfere with or harm the northern portion of the Great Redwood Trail.
(3)Work with landowners and fishing organizations to locate and provide appropriate fishing access sites along the right-of-way. In doing so, the agency shall seek to discourage and prevent trespassing on private property.
5885.The agency shall do all of the following, to the extent funding is available:(a)For the portion of the right-of-way between mile post 142.5 and mile post 284, including any associated branch or spur lines, the agency shall complete the railbanking process on, and create and maintain a trail in, or next to, that portion of the right-of-way. The agency may contract with a trail manager or organization to meet the requirements of this subdivision.(b)For the portion of the right-of-way between mile post 284 and mile post 300.5, including any associated branch or spur lines, the agency shall create and maintain a trail in, or next to, that portion of the right-of-way, and may contract with a trail manager or organization to meet these requirements. The agency may contract with an operator to operate freight or excursion rail service on this portion of the right-of-way, except that the service shall not interfere with or harm the agencys trail.(c)Before January 1, 2020, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, describing its progress towards fulfilling the requirements and goals relating to the right-of-way.(d)Utilize the services of the California Conservation Corps wherever possible on projects related to trails, environmental enhancements and restoration, and other improvement projects.5884.Upon the completion of the planning, design, and construction of the northern portion of the Great Redwood Trail, the agency may transfer the responsibility of performing the acts described in this chapter to a more appropriate permanent operating entity for the operation and maintenance of the northern portion of the Great Redwood Trail.
5885.(a)The Great Redwood Trail Program Fund is hereby created. Moneys in the fund shall accrue interest and be available for the purposes of this chapter.
(b)All revenue, including fee revenue, received pursuant to this chapter shall be deposited in the fund.
5886.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 all of the following:
(a)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.
(b)To fix and collect fees for the use of any land owned or controlled, or for any service provided, by the agency.
(c)To make grants.
(d)To acquire interests in real property.
(e)To lease, rent, sell, exchange, or transfer interests in real property.
(f)To undertake or fund projects and programs implementing this chapter or relating to the northern portion of the Great Redwood Trail.
(g)To provide for the management of the right-of-way and the northern portion of the Great Redwood Trail.
(h)To apply for and accept grants, gifts, donations of money and property, subventions, rents, royalties, or other assistance from public or private sources.
(i)To recruit and coordinate volunteers and experts to conduct interpretive and recreational programs and to assist with construction projects and the maintenance of facilities.
(j)To enter into contracts and joint powers agreements.
(k)To sue and be sued.
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:
(a)District means the Sonoma-Marin Area Rail Transit District.
(b)Rail transit means the transportation of passengers and their incidental baggage by rail and provision of freight service by rail.
(c)Rail transit works or rail transit facilities means any or all real and personal property, equipment, rights, or interests owned or to be acquired by the district for rail transit service purposes, including ancillary bicycle and pedestrian pathways that provide connections between and access to station sites.
(d)Board of directors, board, or directors means the board of directors of the district.
(e)Public agency includes the state, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality, or agency thereof.
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.
(b)Upon the dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, the district shall assume the rights and obligations of the commission and the authority under any contract to which the commission or the authority is a party and that is to be performed, in whole or in part, on or after the date of dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority.
(c)All real and personal property owned by the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority may be transferred to the district.
(d)Upon the dissolution of the Sonoma-Marin Area Rail Transit Commission, the district shall assume, without any condition whatsoever, all responsibilities and obligations previously assumed by the commission with respect to its fund transfer agreement with the Department of Transportation for the funding of the Sonoma-Marin Area Rail Transit Project.
(e)On and after the date of dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, any reference in any provision of law or regulation to the commission or the authority shall be deemed to refer to the district.
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:
(a)Two members of the Sonoma County Board of Supervisors, each of whom shall also serve on the Board of Directors of the Sonoma County Transportation Authority, appointed by the Sonoma County Board of Supervisors.
(b)Two members of the Marin County Board of Supervisors, appointed by the Marin County Board of Supervisors.
(c)Three members, each of whom shall be a mayor or council member of a city or town within the County of Sonoma, appointed by the Sonoma County Mayors and Council Members Association or its successor, provided the following conditions are met:
(1)At least two members are also city representatives for the Sonoma County Transportation Authority.
(2)All of the members are from cities on the rail line in Sonoma County.
(3)No city has more than one member.
(d)The member of the City Council of the City of Novato who also serves on the Marin County Congestion Management Agency, appointed by the Marin County Congestion Management Agency or its successor.
(e)The member of the City Council of the City of San Rafael who also serves on the Marin County Congestion Management Agency, appointed by the Marin County Congestion Management Agency or its successor.
(f)One member, who shall be a mayor or council member of a city or town within the County of Marin and a member of the Marin County Congestion Management Agency, appointed by the Marin County Council of Mayors and Council Members or its successor.
(g)Two members of the Golden Gate Bridge, Highway and Transportation District, neither of whom shall be a member of the Marin or Sonoma County Boards of Supervisors, appointed by the Golden Gate Bridge, Highway and Transportation District or its successor.
(h)One member, who shall be a member of the Mendocino County Board of Supervisors, appointed by the Mendocino County Board of Supervisors, if it chooses to do so.
SEC. 10.Section 105032.5 is added to the Public Utilities Code, to read:105032.5.The board may consider the need and financing for employee workforce housing.
SEC. 11.Section 105088 is added to the Public Utilities Code, to read:105088.Upon receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities relating to the authoritys right-of-way south of mile post 142.5 in the City of Willits pursuant to Section 93030 of the Government Code, and upon receiving funding, funding from nonlocal sources, the district shall do all of the following:
(a)Conduct a freight rail study incorporating the portion of the right-of-way between mile post 0.0 and mile post 142.5.
(b)Create and maintain a trail that begins at mile post 142.5, runs in, or parallel to, the southern portion of the right-of-way, as appropriate, and connects to the districts bicycle and pedestrian pathways to the extent feasible. This trail shall be the southern portion of the Great Redwood Trail.
(c)Conduct a thorough community engagement process that includes landowners, trail advocates, environmental groups, and the community at large. Items to be discussed during this process include, but are not limited to, trail configurations parallel to the southern portion of the right-of-way, including those on public lands, connecting the southern portion of the right-of-way to existing trails, and rail-crossing fees.
(b)(d)Create or assign the positions of trail manager and freight rail manager.
(c)(e)Before January 1, 2020, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, describing its progress towards fulfilling the requirements and goals relating to the southern portion of the right-of-way.
SEC. 12.Section 105095 of the Public Utilities Code is amended to read:105095.The district may provide a rail transit system for the transportation of passengers and their incidental baggage by rail and provision of freight service by rail.
SEC. 13.Section 105104 of the Public Utilities Code is repealed.SEC. 14.Section 105105 of the Public Utilities Code is repealed.SEC. 15.Section 105180 of the Public Utilities Code is repealed.SEC. 16.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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:
(a)Create a systemwide hiking, biking, and riding trail along or parallel to the North Coast Railroad Authoritys railroad tracks on the north coast.
(b)Settle Ascertain all liabilities, debts, contractual obligations, and leasehold interests held by the Northwestern Pacific Railroad Company, and other legal obligations of the North Coast Railroad Authority, transfer the authoritys assets and the right-of-way as provided for in this act, and abolish the North Coast Railroad Authority, which was established by statute in 1989.
(c)Transfer the North Coast Railroad Authoritys real property, rail assets, rail easements, licenses and certificates of public convenience and necessity, common carrier obligations, and right-of-way south of mile post 142.5 in Willits, California, to the Sonoma-Marin Area Rail Transit District for the purposes of creating and maintaining a passenger and freight railroad service and trail system. District.
(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)(d)Create the Great Redwood Trail Agency, which will be responsible for constructing and maintaining a hiking, biking, and riding trail in the northern portion of the right-of-way, from mile post 142.5 to mile post 300.5.
(f)(e)Transfer the northern portion of the North Coast Railroad Authoritys right-of-way, from mile post 142.5 to mile post 300.5, to the Department of Transportation for a period of not more than two years, and then have it transferred to the Great Redwood Trail Agency.
(g)(f)Ensure each portion of the right-of-way not used for rail is railbanked or otherwise used as a trail.
(h)(g)Ensure each portion of the right-of-way used for rail also has a trail created and maintained in, or next to, it.
(i)(h)(1)Provide for the creation of the trail as a multiuse trail wherever practical, provide a safe, continuous alignment with appropriate and flexible design standards for site conditions, and support the intended uses of the trail. To the extent possible, trail alignments should promote connectivity between communities adjacent, or in close proximity, to established right-of-ways in order to link populations and population centers and to provide enhanced recreation and commuter opportunities. As such, it is the intent of the Legislature to authorize the applicable successor agencies to identify nodes that promote connectivity along the route.
(2)Provide for the specific trail use types, including hiking, biking, and equestrian uses, to be determined by site specific studies and a broad community engagement process.
SEC. 3.Section 14111 is added to the Government Code, to read:14111.(a)Within two years of receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to the authoritys 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 Authoritys preexisting liabilities related to debt, litigation, or contractual obligations and report that information to the Legislature before July 1, 2019.
(b)(1)The report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.
(2)Pursuant to Section 10231.5, this section is repealed on January 1, 2023.
SEC. 4.Chapter 4 (commencing with Section 93030) is added to Title 12 of the Government Code, to read:4.Abolishment93030.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.Before April July 1, 2019, the authority shall transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to its right-of-way north of mile post 142.5 in the City of Willits, including any associated branch or spur lines, to the Department of Transportation. Great Redwood Trail Agency created pursuant to Section 5880 of the Public Resources Code.
93032.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-recorders 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:14.Great Redwood Trail Agency5880.The Great Redwood Trail Agency is hereby created.
5881.For purposes of this chapter, the following definitions shall apply:
(a)Agency means the Great Redwood Trail Agency.
(b)Board means the agencys board of directors described in Section 5882.
(c)Department means the Department of Transportation.(d)(c)Right-of-way means the entire length of the right-of-way transferred to the department agency pursuant to Section 93031 of the Government Code.
5882.The agency shall be governed by a board of directors, composed as follows:
(a)The Governor shall appoint two board members, one representing the department Department of Transportation and one representing the Natural Resources Agency, who are knowledgeable about trails, parks, railroads, or rivers.
(b)The Senate Committee on Rules shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(c)The Speaker of the Assembly shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(d)The Board of Supervisors of the County of Mendocino may appoint one one of its members to serve as a board member.
(e)The Board of Supervisors of the County of Humboldt may appoint one one of its members to serve as a board member.
(f)____ may appoint one board member.
5883.(a)Upon four board members joining the agencys 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.5884.(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 Authoritys rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to the authoritys 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:
(a)Inventory any parcel or contract related to the right-of-way.
(b)Complete an environmental assessment of the right-of-way.
5885.The agency shall do all of the following: following, to the extent funding is available:
(a)For the portion of the right-of-way between mile post 142.5 and mile post 284, including any associated branch or spur lines, the agency shall complete the railbanking process on, and create and maintain a trail in, or next to, that portion of the right-of-way. The agency may contract with a trail manager or organization to meet the requirements of this subdivision.
(b)For the portion of the right-of-way between mile post 284 and mile post 300.5, including any associated branch or spur lines, the agency shall create and maintain a trail in, or next to, that portion of the right-of-way, and may contract with a trail manager or organization to meet these requirements. The agency may contract with an operator to operate freight or excursion rail service on this portion of the right-of-way, except that the service shall not interfere with or harm the agencys trail.
(c)Before January 1, 2020, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, describing its progress towards fulfilling the requirements and goals relating to the right-of-way.
(d)Utilize the services of the California Conservation Corps wherever possible on projects related to trails, environmental enhancements and restoration, and other improvement projects.
5886.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:
(a)District means the Sonoma-Marin Area Rail Transit District.
(b)Rail transit means the transportation of passengers and their incidental baggage by rail and provision of freight service by rail.
(c)Rail transit works or rail transit facilities means any or all real and personal property, equipment, rights, or interests owned or to be acquired by the district for rail transit service purposes, including ancillary bicycle and pedestrian pathways that provide connections between and access to station sites.
(d)Board of directors, board, or directors means the board of directors of the district.
(e)Public agency includes the state, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality, or agency thereof.
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.
(b)Upon the dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, the district shall assume the rights and obligations of the commission and the authority under any contract to which the commission or the authority is a party and that is to be performed, in whole or in part, on or after the date of dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority.
(c)All real and personal property owned by the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority may be transferred to the district.
(d)Upon the dissolution of the Sonoma-Marin Area Rail Transit Commission, the district shall assume, without any condition whatsoever, all responsibilities and obligations previously assumed by the commission with respect to its fund transfer agreement with the Department of Transportation for the funding of the Sonoma-Marin Area Rail Transit Project.
(e)On and after the date of dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, any reference in any provision of law or regulation to the commission or the authority shall be deemed to refer to the district.
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:
(a)Two members of the Sonoma County Board of Supervisors, each of whom shall also serve on the Board of Directors of the Sonoma County Transportation Authority, appointed by the Sonoma County Board of Supervisors.
(b)Two members of the Marin County Board of Supervisors, appointed by the Marin County Board of Supervisors.
(c)Three members, each of whom shall be a mayor or council member of a city or town within the County of Sonoma, appointed by the Sonoma County Mayors and Council Members Association or its successor, provided the following conditions are met:
(1)At least two members are also city representatives for the Sonoma County Transportation Authority.
(2)All of the members are from cities on the rail line in Sonoma County.
(3)No city has more than one member.
(d)The member of the City Council of the City of Novato who also serves on the Marin County Congestion Management Agency, appointed by the Marin County Congestion Management Agency or its successor.
(e)The member of the City Council of the City of San Rafael who also serves on the Marin County Congestion Management Agency, appointed by the Marin County Congestion Management Agency or its successor.
(f)One member, who shall be a mayor or council member of a city or town within the County of Marin and a member of the Marin County Congestion Management Agency, appointed by the Marin County Council of Mayors and Council Members or its successor.
(g)Two members of the Golden Gate Bridge, Highway and Transportation District, neither of whom shall be a member of the Marin or Sonoma County Boards of Supervisors, appointed by the Golden Gate Bridge, Highway and Transportation District or its successor.
(h)One member member, who shall be a member of the Mendocino County Board of Supervisors, appointed by the Mendocino County Board of Supervisors, if it chooses to do so.
SEC. 10.Section 105032 of the Public Utilities Code is amended to read:105032.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.SEC. 10.Section 105032.5 is added to the Public Utilities Code, to read:105032.5.The board may consider the need and financing for employee workforce housing.
SEC. 11.Section 105088 is added to the Public Utilities Code, to read:105088.Upon receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities relating to the authoritys right-of-way south of mile post 142.5 in the City of Willits pursuant to Section 93030 of the Government Code, and upon receiving funding, the district shall do all of the following:
(a)Conduct a freight rail study incorporating the portion of the right-of-way between mile post 0.0 and mile post 142.5.
(b)Create or assign the positions of trail manager and freight rail manager.
(c)Before January 1, 2020, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, describing its progress towards fulfilling the requirements and goals relating to the right-of-way.
SEC. 12.Section 105095 of the Public Utilities Code is amended to read:105095.The district may provide a rail transit system for the transportation of passengers and their incidental baggage by rail and provision of freight service by rail.
SEC. 13.Section 105104 of the Public Utilities Code is repealed.SEC. 14.Section 105105 of the Public Utilities Code is repealed.SEC. 15.Section 105180 of the Public Utilities Code is repealed.SEC. 16.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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:
(a)Create a systemwide hiking, biking, and riding trail along or parallel to the North Coast Railroad Authoritys railroad tracks on the north coast.
(b)Settle all liabilities, debts, contractual obligations, and leasehold interests held by the Northwestern Pacific Railroad Company, and other legal obligations of the North Coast Railroad Authority, transfer the authoritys assets and the right-of-way as provided for in this act, and abolish the North Coast Railroad Authority, which was established by statute in 1989.
(c)Transfer the North Coast Railroad Authoritys real property, rail assets, rail easements, and right-of-way south of mile post 142.5 in Willits, California, to the Sonoma-Marin Area Rail Transit District for the purposes of creating and maintaining a passenger and freight railroad service and trail system.
(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)Create the Great Redwood Trail Agency, which will be responsible for constructing and maintaining a hiking, biking, and riding trail in the northern portion of the right-of-way, from mile post 142.5 to mile post 300.5.
(f)Transfer the northern portion of the North Coast Railroad Authoritys right-of-way, from mile post 142.5 to mile post 300.5, to the Department of Transportation for a period of not more than two years, and then have it transferred to the Great Redwood Trail Agency.
(g)Ensure each portion of the right-of-way not used for rail is railbanked or otherwise used as a trail.
(h)Ensure each portion of the right-of-way used for rail also has a trail created and maintained in, or next to, it.
(i)(1)Provide for the creation of the trail as a multiuse trail wherever practical, provide a safe, continuous alignment with appropriate and flexible design standards for site conditions, and support the intended uses of the trail.
(2)Provide for the specific trail use types, including hiking, biking, and equestrian uses, to be determined by site specific studies and a broad community engagement process.
(j)Any successor agency to North Coast Railroad Authority shall be subject to the California Environmental Quality Act (CEQA), to the extent indicated by Friends of the Eel River v. North Coast Railroad Authority (2017) 3 Cal.5th 677.SEC. 3.Section 14111 is added to the Government Code, to read:14111.(a)Within two years of receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to the authoritys 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. 4.Chapter 4 (commencing with Section 93030) is added to Title 12 of the Government Code, to read:4.Abolishment93030.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, 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.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 its right-of-way north of mile post 142.5 in the City of Willits, including any associated branch or spur lines, to the Department of Transportation.
93032.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.
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:14.Great Redwood Trail Agency5880.The Great Redwood Trail Agency is hereby created.
5881.For purposes of this chapter, the following definitions shall apply:
(a)Agency means the Great Redwood Trail Agency.
(b)Board means the agencys board of directors described in Section 5882.
(c)Department means the Department of Transportation.
(d)Right-of-way means the entire length of the right-of-way transferred to the department pursuant to Section 93031 of the Government Code.
5882.The agency shall be governed by a board of directors, composed as follows:
(a)The Governor shall appoint two board members, one representing the department and one representing the Natural Resources Agency, who are knowledgeable about trails, parks, railroads, or rivers.
(b)The Senate Committee on Rules shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(c)The Speaker of the Assembly shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(d)The Board of Supervisors of the County of Mendocino may appoint one board member.
(e)The Board of Supervisors of the County of Humboldt may appoint one board member.
(f)____ may appoint one board member.
5883.(a)Upon four board members joining the agencys 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.
5884.(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.
5885.The agency shall do all of the following:
(a)For the portion of the right-of-way between mile post 142.5 and mile post 284, including any associated branch or spur lines, the agency shall complete the railbanking process on, and create and maintain a trail in, or next to, that portion of the right-of-way. The agency may contract with a trail manager or organization to meet the requirements of this subdivision.
(b)For the portion of the right-of-way between mile post 284 and mile post 300.5, including any associated branch or spur lines, the agency shall create and maintain a trail in, or next to, that portion of the right-of-way, and may contract with a trail manager or organization to meet these requirements. The agency may contract with an operator to operate freight or excursion rail service on this portion of the right-of-way, except that the service shall not interfere with or harm the agencys trail.
(c)Before January 1, 2020, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, describing its progress towards fulfilling the requirements and goals relating to the right-of-way.
5886.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:
(a)District means the Sonoma-Marin Area Rail Transit District.
(b)Rail transit means the transportation of passengers and their incidental baggage by rail and provision of freight service by rail.
(c)Rail transit works or rail transit facilities means any or all real and personal property, equipment, rights rights, or interests owned or to be acquired by the district for rail transit service purposes, including ancillary bicycle and pedestrian pathways that provide connections between and access to station sites.
(d)Board of directors, board, or directors means the board of directors of the district.
(e)Public agency includes the state, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality, or agency thereof.
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.
(b)Upon the dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, the district shall assume the rights and obligations of the commission and the authority under any contract to which the commission or the authority is a party and which that is to be performed, in whole or in part, on or after the date of dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority.
(c)All real and personal property owned by the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority may be transferred to the district.
(d)Upon the dissolution of the Sonoma-Marin Area Rail Transit Commission, the district shall assume, without any condition whatsoever, all responsibilities and obligations previously assumed by the commission with respect to its fund transfer agreement with the Department of Transportation for the funding of the Sonoma-Marin Area Rail Transit Project.
(e)On and after the date of dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, any reference in any provision of law or regulation to the commission or the authority shall be deemed to refer to the district.
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:
(a)Two members of the Sonoma County Board of Supervisors, each of whom shall also serve on the Board of Directors of the Sonoma County Transportation Authority, appointed by the Sonoma County Board of Supervisors.
(b)Two members of the Marin County Board of Supervisors, appointed by the Marin County Board of Supervisors.
(c)Three members, each of whom shall be a mayor or council member of a city or town within the County of Sonoma, appointed by the Sonoma County Mayors and Council Members Association or its successor, provided the following conditions are met:
(1)At least two members are also city representatives for the Sonoma County Transportation Authority.
(2)All of the members are from cities on the rail line in Sonoma County.
(3)No city has more than one member.
(d)The member of the City Council of the City of Novato who also serves on the Marin County Congestion Management Agency, appointed by the Marin County Congestion Management Agency or its successor.
(e)The member of the City Council of the City of San Rafael who also serves on the Marin County Congestion Management Agency, appointed by the Marin County Congestion Management Agency or its successor.
(f)One member, who shall be a mayor or council member of a city or town within the County of Marin and a member of the Marin County Congestion Management Agency, appointed by the Marin County Council of Mayors and Council Members or its successor.
(g)Two members of the Golden Gate Bridge, Highway and Transportation District, neither of whom shall be a member of the Marin or Sonoma County Boards of Supervisors, appointed by the Golden Gate Bridge, Highway and Transportation District or its successor.
(h)One member appointed by the Mendocino County Board of Supervisors, if it chooses to do so.
SEC. 10.Section 105032 of the Public Utilities Code is amended to read:105032.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)Provide Consider the need and financing for employee workforce housing and the means to finance it. housing.
(j)Do any and all things necessary to carry out the purposes of this part.
SEC. 11.Section 105088 is added to the Public Utilities Code, to read:105088.Upon receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities relating to the authoritys right-of-way south of mile post 142 142.5 in the City of Willits pursuant to Section 93030 of the Government Code, and upon receiving funding, the district shall do all of the following:
(a)Conduct a freight rail study incorporating the entire length portion of the right-of-way. right-of-way between mile post 0.0 and mile post 142.5.
(b)Create or assign the positions of trail manager and freight rail manager.
(c)Before January 1, 2020, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, describing its progress towards fulfilling the requirements and goals relating to the right-of-way.
SEC. 12.Section 105095 of the Public Utilities Code is amended to read:105095.The district may provide a rail transit system for the transportation of passengers and their incidental baggage by rail and provision of freight service by rail.
SEC. 13.Section 105104 of the Public Utilities Code is repealed.SEC. 14.Section 105105 of the Public Utilities Code is repealed.SEC. 15.Section 105180 of the Public Utilities Code is repealed.SEC. 16.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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:
(a)Create a systemwide hiking, biking, and riding trail within, or adjacent to, along or parallel to the North Coast Railroad Authoritys right-of-way railroad tracks on the north coast, running from mile post 0.0 to mile post 300.5, including any associated branch or spur line. coast.
(b)Settle all liabilities, debts, contractual obligations, and leasehold interests held by the Northwestern Pacific Railroad, Railroad Company, and other legal obligations of the North Coast Railroad Authority, transfer the authoritys assets and the right-of-way as provided for in this act, and abolish the North Coast Railroad Authority, which was established by statute in 1989.
(c)Transfer the North Coast Railroad Authoritys real property, rail assets, rail easements, and right-of-way south of mile post 142.5 in Willits, California, to an unspecified successor agency the Sonoma-Marin Area Rail Transit District for the purposes of creating and maintaining a passenger and freight railroad service and trail system and continuing to run freight along the active rail line. system.
(d)Provide funding for the construction and maintenance of the systemwide trail, trail and railroad line, including funding for the design, any related design needs, environmental assessment, and permitting of, and for permits, mitigation measures and measures, or associated property interests associated with, the trail, and to maintain the active portion of the freight rail line. interests.
(e)Create the Great Redwood Trail Agency, which will be responsible for constructing and maintaining a hiking, biking, and riding trail in the northern portion of the right-of-way, from mile post 142.5 to mile post 300.5.
(f)Transfer the northern portion of the North Coast Railroad Authoritys right-of-way, from mile post 142.5 to mile post 300.5, to the Department of Transportation for a period of not more than two years, and then have it transferred to the Great Redwood Trail Agency.
(g)Ensure each portion of the right-of-way not used for rail is railbanked or otherwise used as a trail.
(h)Ensure each portion of the right-of-way used for rail also has a trail created and maintained in, or next to, it.
(i)(1)Provide for the creation of the trail as a multiuse trail wherever practical, provide a safe, continuous alignment with appropriate and flexible design standards for site conditions, and support the intended uses of the trail.
(2)Provide for the specific trail use types, including hiking, biking, and equestrian uses, to be determined by site specific studies and a broad community engagement process.
(j)Any successor agency to North Coast Railroad Authority shall be subject to the California Environmental Quality Act (CEQA), to the extent indicated by Friends of the Eel River v. North Coast Railroad Authority (2017) 3 Cal.5th 677.
SEC. 3.Section 14111 is added to the Government Code, to read:14111.(a)Within two years of receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to the authoritys 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. 4.Chapter 4 (commencing with Section 93030) is added to Title 12 of the Government Code, to read:4.Abolishment93030.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, 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.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 its right-of-way north of mile post 142.5 in the City of Willits, including any associated branch or spur lines, to the Department of Transportation.
93032.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.
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:14.Great Redwood Trail Agency5880.The Great Redwood Trail Agency is hereby created.
5881.For purposes of this chapter, the following definitions shall apply:
(a)Agency means the Great Redwood Trail Agency.
(b)Board means the agencys board of directors described in Section 5882.
(c)Department means the Department of Transportation.
(d)Right-of-way means the entire length of the right-of-way transferred to the department pursuant to Section 93031 of the Government Code.
5882.The agency shall be governed by a board of directors, composed as follows:
(a)The Governor shall appoint two board members, one representing the department and one representing the Natural Resources Agency, who are knowledgeable about trails, parks, railroads, or rivers.
(b)The Senate Committee on Rules shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(c)The Speaker of the Assembly shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(d)The Board of Supervisors of the County of Mendocino may appoint one board member.
(e)The Board of Supervisors of the County of Humboldt may appoint one board member.
(f)____ may appoint one board member.
5883.(a)Upon four board members joining the agencys 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.
5884.(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.
5885.The agency shall do both all of the following:
(a)For the portion of the right-of-way between mile post 142.5 and mile post 284, including any associated branch or spur lines, the agency shall complete the railbanking process on, and create and maintain a trail in, or next to, that portion of the right-of-way. The agency may contract with a trail manager or organization to meet the requirements of this subdivision.
(b)For the portion of the right-of-way between mile post 284 and mile post 300.5, including any associated branch or spur lines, the agency shall create and maintain a trail in, or next to, that portion of the right-of-way, and may contract with a trail manager or organization to meet these requirements. The agency may contract with an operator to operate freight or excursion rail service on this portion of the right-of-way, except that the service shall not interfere with or harm the agencys trail.
(c)Before January 1, 2020, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, describing its progress towards fulfilling the requirements and goals relating to the right-of-way.
5886.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 that shall operate in harmony with existing freight service and a freight service that operates upon the same rail line and serves the Counties of Humboldt, Marin, Mendocino, Napa, and Sonoma. It is the further intent of the Legislature that the district established by this act may succeed to the powers, duties, obligations, liabilities, immunities, and exemptions of both the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority upon their dissolution. Because there is no general law under which this district could be formed, the adoption of a special act and the formation of a special district is required.
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:
(a)District means the Sonoma-Marin Area Rail Transit District.
(b)Rail transit means the transportation of passengers and their incidental baggage by rail. rail and provision of freight service by rail.
(c)Rail transit works or rail transit facilities means any or all real and personal property, equipment, rights or interests owned or to be acquired by the district for rail transit service purposes, including ancillary bicycle and pedestrian pathways that provide connections between and access to station sites.
(d)Board of directors, board, or directors means the board of directors of the district.
(e)Public agency includes the state, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality, or agency thereof.
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.
(b)Upon the dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, the district shall assume the rights and obligations of the commission and the authority under any contract to which the commission or the authority is a party and which is to be performed, in whole or in part, on or after the date of dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, including, without limitation, any existing operating agreements with the North Coast Railroad Authority. The district shall thereafter negotiate in good faith a new operating agreement with the North Coast Railroad Authority. If the parties are unable to reach an agreement on the new operating agreement, the parties shall select a mutually agreed upon third party to mediate a resolution of the dispute. Authority.
(c)All real and personal property owned by the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority may be transferred to the district. Any real or personal property owned individually or jointly by the Golden Gate Bridge, Highway and Transportation District, the County of Marin, or the Marin County Transit District, or any other public agency, may be transferred to the district. The transfer of any right-of-way from the Northwestern Pacific Railroad Authority, the Golden Gate Bridge, Highway and Transportation District, the County of Marin, or the Marin County Transit District to the district shall be made subject to any existing easements for freight and passenger excursion service issued to the North Coast Railroad Authority prior to the time of the transfer.
(d)Upon the dissolution of the Sonoma-Marin Area Rail Transit Commission, the district shall assume, without any condition whatsoever, all responsibilities and obligations previously assumed by the commission with respect to its fund transfer agreement with Caltrans the Department of Transportation for the funding of the Sonoma-Marin Area Rail Transit Project.
(e)On and after the date of dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, any reference in any provision of law or regulation to the commission or the authority shall be deemed to refer to the district.
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:
(a)Two members of the Sonoma County Board of Supervisors, each of whom shall also serve on the Board of Directors of the Sonoma County Transportation Authority, appointed by the Sonoma County Board of Supervisors.
(b)Two members of the Marin County Board of Supervisors, appointed by the Marin County Board of Supervisors.
(c)Three members, each of whom shall be a mayor or council member of a city or town within the County of Sonoma, appointed by the Sonoma County Mayors and Council Members Association or its successor, provided the following conditions are met:
(1)At least two members are also city representatives for the Sonoma County Transportation Authority.
(2)All of the members are from cities on the rail line in Sonoma County.
(3)No city has more than one member.
(d)The member of the City Council of the City of Novato who also serves on the Marin County Congestion Management Agency, appointed by the Marin County Congestion Management Agency or its successor.
(e)The member of the City Council of the City of San Rafael who also serves on the Marin County Congestion Management Agency, appointed by the Marin County Congestion Management Agency or its successor.
(f)One member, who shall be a mayor or council member of a city or town within the County of Marin and a member of the Marin County Congestion Management Agency, appointed by the Marin County Council of Mayors and Council Members or its successor.
(g)Two members of the Golden Gate Bridge, Highway and Transportation District, neither of whom shall be a member of the Marin or Sonoma County Boards of Supervisors, appointed by the Golden Gate Bridge, Highway and Transportation District or its successor.
(h)One member appointed by the Mendocino County Board of Supervisors, if it chooses to do so.
SEC. 10.Section 105032 of the Public Utilities Code is amended to read:105032.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)Provide employee workforce housing and the means to finance it.
(i)(j)Do any and all things necessary to carry out the purposes of this part.
SEC. 11.Section 105088 is added to the Public Utilities Code, to read:105088.Upon receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities relating to the authoritys right-of-way south of mile post 142 in the City of Willits pursuant to Section 93030 of the Government Code, and upon receiving funding, the district shall do all of the following:
(a)Conduct a freight rail study incorporating the entire length of the right-of-way.
(b)Create or assign the positions of trail manager and freight rail manager.
(c)Before January 1, 2020, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, describing its progress towards fulfilling the requirements and goals relating to the right-of-way.
SEC. 12.Section 105095 of the Public Utilities Code is amended to read:105095.The district may provide a rail transit system for the transportation of passengers and their incidental baggage by rail. rail and provision of freight service by rail.
SEC. 13.Section 105104 of the Public Utilities Code is repealed.105104.The district shall work with the North Coast Railroad Authority, the Federal Railroad Administration, and any of its successor agencies, to achieve safe, efficient, and compatible operations of both passenger rail and freight service along the rail line in Sonoma and Marin Counties.SEC. 14.Section 105105 of the Public Utilities Code is repealed.105105.The district shall be responsible for any advance payment of any portion of the North Coast Railroad Authoritys Q-Fund loan repayment obligation caused by the districts action. Any amount advanced by the district shall be reimbursed by the North Coast Railroad Authority at the time the North Coast Railroad Authoritys obligation to repay that portion of the Q-Fund loan would otherwise become due.SEC. 15.Section 105180 of the Public Utilities Code is repealed.105180.The district shall obtain coverage for the district and its employees under Title II of the federal Social Security Act, as amended, (42 U.S.C. Sec. 401 et seq.) and the related provisions of the Federal Contributions Act, as amended (26 U.S.C. Sec. 3101 et seq.).SEC. 6.Upon receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities relating to the authoritys right-of-way south of mile post 142.5 in the City of Willits pursuant to Section 93030 of the Government Code, ____ shall conduct a freight rail study incorporating this entire length of the right-of-way.SEC. 7.SEC. 16.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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:
(a)Create a systemwide hiking, biking, and riding trail within, or adjacent to, the North Coast Railroad Authoritys right-of-way on the north coast, running from mile post 0.0 to mile post 300.5, including any associated branch or spur line.
(b)Settle all liabilities, debts, contractual obligations, and leasehold interests held by the Northwest Northwestern Pacific Railroad, and other legal obligations of the North Coast Railroad Authority, transfer the authoritys assets and the right-of-way as provided for in this act, and abolish the North Coast Railroad Authority, which was established by statute in 1989.
(c)Transfer the North Coast Railroad Authoritys real property, rail assets, rail easements, and right-of-way, from Lombard, California, to right-of-way south of mile post 142.5 in Willits, California, to an unspecified successor agency for the purposes of creating and maintaining a trail system and continuing to run freight along the active rail line.
(d)Secure Provide funding for the construction and maintenance of the systemwide trail trail, including funding for the design, environmental assessment, and permitting of, and for mitigation measures and property interests associated with, the trail, and to maintain the active portion of the freight rail line.
(e)Create the Great Redwood Trail Agency, which will be responsible for constructing and maintaining a hiking, biking, and riding trail in the northern portion of the right-of-way, from mile post 142.5 to mile post 300.5.
(f)Transfer the northern portion of the North Coast Railroad Authoritys right-of-way, from mile post 142.5 to mile post 300.5, to the Department of Transportation for a period of not more than two years, and then have it transferred to the Great Redwood Trail Agency.
(g)Ensure each portion of the right-of-way not used for rail is railbanked or otherwise used as a trail.
(h)Ensure each portion of the right-of-way used for rail also has a trail created and maintained in, or next to, it.
SEC. 3.Section 14111 is added to the Government Code, to read:14111.(a)Within two years of receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to the authoritys right-of-way north of mile post 142.5 in the City of Willits 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. 4.Chapter 4 (commencing with Section 93030) is added to Title 12 of the Government Code, to read:4.Abolishment93030.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 branch or spur lines, and the railroad assets the authority owns to ____.
93031.Before April 1, 2019, the authority shall transfer its rights, privileges, and responsibilities responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to its right-of-way north of mile post 142.5 in the City of Willits, including any associated branch or spur lines, to the Department of Transportation.
93032.In making the transfers pursuant to Sections 93030 and 93031, the authority shall transfer all of its rights, privileges, and responsibilities responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, relating to any right-of-way.
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:14.Great Redwood Trail Agency5880.The Great Redwood Trail Agency is hereby created.
5881.For purposes of this chapter, the following definitions shall apply:
(a)Agency means the Great Redwood Trail Agency.
(b)Board means the agencys board of directors described in Section 5882.
(c)Department means the Department of Transportation.
(d)Right-of-way means the entire length of the right-of-way transferred to the department pursuant to Section 93031 of the Government Code.
5882.The agency shall be governed by a board of directors, composed as follows:
(a)The Governor shall appoint two board members members, one representing the department and one representing the Natural Resources Agency, who are knowledgeable about trails, parks, railroads, or rivers.
(b)The Senate Committee on Rules shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(c)The Speaker of the Assembly shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(d)The Board of Supervisors of the County of Mendocino may appoint one board member.
(e)The Board of Supervisors of the County of Humboldt may appoint one board member.
(f)____ may appoint one board member.
5883.(a)Upon four board members joining the agencys 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.
5884.(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.
5885.The agency shall do both of the following:
(a)For the portion of the right-of-way between mile post 142.5 and mile post 284, including any associated branch or spur lines, the agency shall complete the railbanking process on, and create and maintain a trail in, or next to, that portion of the right-of-way. The agency may contract with a trail manager or organization to meet the requirements of this subdivision.
(b)For the portion of the right-of-way between mile post 284 and mile post 300.5, including any associated branch or spur lines, the agency shall create and maintain a trail in, or next to, that portion of the right-of-way, and may contract with a trail manager or organization to meet these requirements. The agency may contract with an operator to operate freight or excursion rail service on this portion of the right-of-way, except that the service shall not interfere with or harm the agencys trail.
5886.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.Upon receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities relating to the authoritys right-of-way south of mile post 142 142.5 in the City of Willits pursuant to Section 93030 of the Government Code, ____ shall conduct a freight rail study incorporating this entire length of the right-of-way.
SEC. 7.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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:
(a)Create a systemwide hiking, biking, and riding trail within, or adjacent to, the North Coast Railroad Authoritys right-of-way on the north coast, running from mile post 0.0 to mile post 300.5, including any associated branch or spur line.
(b)Settle all liabilities, debts, contractual obligations, and leasehold interests held by the Northwest Pacific Railroad, and other legal obligations of the North Coast Railroad Authority, transfer the authoritys assets and the right-of-way as provided for in this act, and abolish the North Coast Railroad Authority, which was established by statute in 1989.
(c)Transfer the North Coast Railroad Authoritys real property, rail assets, rail easements, and right-of-way, from Lombard, California, to mile post 142.5 in Willits, California, to an unspecified successor agency for the purposes of creating and maintaining a trail system and continuing to run freight along the active rail line.
(d)Secure funding for the construction of the systemwide trail and to maintain the active portion of the freight rail line.
(e)Create the Great Redwood Trail Agency, which will be responsible for constructing and maintaining a hiking, biking, and riding trail in the northern portion of the right-of-way, from mile post 142.5 to mile post 300.5.
(f)Transfer the northern portion of the North Coast Railroad Authoritys right-of-way, from mile post 142.5 to mile post 300.5, to the Department of Transportation for a period of not more than two years, and then have it transferred to the Great Redwood Trail Agency.
SEC. 3.Section 14111 is added to the Government Code, to read:14111.(a)Within two years of receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities relating to the authoritys right-of-way north of mile post 142.5 in the City of Willits 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. 4.Chapter 4 (commencing with Section 93030) is added to Title 12 of the Government Code, to read:4.Abolishment93030.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 branch or spur lines, and the railroad assets the authority owns to ____.
93031.Before April 1, 2019, the authority shall transfer its rights, privileges, and responsibilities relating to its right-of-way north of mile post 142.5 in the City of Willits, including any associated branch or spur lines, to the Department of Transportation.
93032.In making the transfers pursuant to Sections 93030 and 93031, the authority shall transfer all of its rights, privileges, and responsibilities relating to any right-of-way.
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:14.Great Redwood Trail Agency5880.The Great Redwood Trail Agency is hereby created.
5881.For purposes of this chapter, the following definitions shall apply:
(a)Agency means the Great Redwood Trail Agency.
(b)Board means the agencys board of directors described in Section 5882.
(c)Department means the Department of Transportation.
(d)Right-of-way means the entire length of the right-of-way transferred to the department pursuant to Section 93031 of the Government Code.
5882.The agency shall be governed by a board of directors, composed as follows:
(a)The Governor shall appoint two board members who are knowledgeable about trails, parks, railroads, or rivers.
(b)The Senate Committee on Rules shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(c)The Speaker of the Assembly shall appoint one board member who is knowledgeable about trails, parks, railroads, or rivers.
(d)The Board of Supervisors of the County of Mendocino may appoint one board member.
(e)The Board of Supervisors of the County of Humboldt may appoint one board member.
(f)____ may appoint one board member.
5883.(a)Upon four board members joining the agencys 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.
5884.(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.
5885.The agency shall do both of the following:
(a)For the portion of the right-of-way between mile post 142.5 and mile post 284, including any associated branch or spur lines, the agency shall complete the railbanking process on, and create and maintain a trail in, or next to, that portion of the right-of-way. The agency may contract with a trail manager or organization to meet the requirements of this subdivision.
(b)For the portion of the right-of-way between mile post 284 and mile post 300.5, including any associated branch or spur lines, the agency shall create and maintain a trail in, or next to, that portion of the right-of-way, and may contract with a trail manager or organization to meet these requirements. The agency may contract with an operator to operate freight or excursion rail service on this portion of the right-of-way, except that the service shall not interfere with or harm the agencys trail.
SEC. 6.Upon receiving the North Coast Railroad Authoritys rights, privileges, and responsibilities relating to the authoritys right-of-way south of mile post 142 in the City of Willits pursuant to Section 93030 of the Government Code, ____ shall conduct a freight rail study incorporating this entire length of the right-of-way.
SEC. 7.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.It is the intent of the Legislature to enact legislation to add the creation of a system-wide trail to the priorities of the North Coast Railroad Authority and to seek funds for the maintenance of the active portion of its rail corridor.It is the intent of the Legislature to enact legislation to add the creation of a system-wide trail to the priorities of the North Coast Railroad Authority and to seek funds for the maintenance of the active portion of its rail corridor.
|
Date
|
Status
|
|---|---|
| Sep 29, 2018 | Chaptered by Secretary of State. Chapter 934, Statutes of 2018. |
| Sep 29, 2018 | Approved by the Governor. |
| Sep 11, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2018 | Assembly amendments concurred in. (Ayes 36. Noes 1.) Ordered to engrossing and enrolling. |
| Aug 30, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 30, 2018 | Read third time. Passed. Ordered to the Senate. |
| Aug 24, 2018 | Read third time and amended. |
| Aug 21, 2018 | Read second time. Ordered to third reading. |
| Aug 20, 2018 | Read second time and amended. Ordered to second reading. |
| Aug 16, 2018 | From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 16). |
| Aug 8, 2018 | August 8 set for first hearing. Placed on APPR. suspense file. |
| Aug 8, 2018 | August 8 set for first hearing. Placed on suspense file. |
| Jun 26, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 25). Re-referred to Com. on APPR. |
| Jun 20, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS. |
| Jun 14, 2018 | Referred to Com. on TRANS. |
| May 31, 2018 | In Assembly. Read first time. Held at Desk. |
| May 30, 2018 | Read third time. Passed. (Ayes 31. Noes 0.) Ordered to the Assembly. |
| May 29, 2018 | Read second time. Ordered to third reading. |
| May 25, 2018 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 25). |
| May 18, 2018 | Set for hearing May 25. |
| May 14, 2018 | May 14 hearing: Placed on APPR. suspense file. |
| May 4, 2018 | Set for hearing May 14. |
| Apr 30, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 26, 2018 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 24). |
| Apr 16, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. |
| Apr 12, 2018 | Set for hearing April 24. |
| Apr 10, 2018 | From committee: Do pass and re-refer to Com. on N.R. & W. (Ayes 12. Noes 0.) (April 10). Re-referred to Com. on N.R. & W. |
| Apr 6, 2018 | Set for hearing April 10. |
| Apr 5, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H. |
| Apr 4, 2018 | Re-referred to Coms. on T. & H. and N.R. & W. |
| Mar 15, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Feb 22, 2018 | Referred to Com. on RLS. |
| Feb 9, 2018 | From printer. May be acted upon on or after March 11. |
| Feb 8, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2018 | Unfinished Business SB1029 McGuire Concurrence | Senate Floor |
Passed |
|
| Aug 30, 2018 | SB 1029 McGuire Senate Third Reading By WOOD | Assembly Floor |
Passed |
|
| Aug 24, 2018 | SB 1029 McGuire Senate Third Reading By WOOD Amendment Set #1 | Assembly Floor |
Passed |
|
| Aug 16, 2018 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 25, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
|
| May 30, 2018 | Senate 3rd Reading SB1029 McGuire | Senate Floor |
Passed |
|
| May 25, 2018 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 14, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Apr 10, 2018 | Do pass, but first be re-referred to the Committee on [Natural Resources and Water] | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 11 Individuals | ** Support | Apr 5, 2018 |
| Adventure Cycling Association | ** Support | Jun 22, 2018 |
| Alta Planning + Design | ** Support | May 29, 2018 |
| Backcountry Horsemen Of California - Redwood Unit | ** Support | Aug 30, 2018 |
| California Bicycle Association | ** Support | Jun 22, 2018 |
| California Bicycle Coalition | ** Support | May 29, 2018 |
| California Farm Bureau Federation | ** Against | Jun 22, 2018 |
| California Park & Recreation Society | ** Support | Aug 30, 2018 |
| California Transportation Commission | ** Support | Aug 30, 2018 |
| CalTrout | ** Support | Jun 22, 2018 |
| Calwild | ** Support | Jun 22, 2018 |
| City of Cloverdale | ** Support | Aug 30, 2018 |
| City of Eureka | ** Support | Aug 30, 2018 |
| City of Ukiah | ** Support | Aug 30, 2018 |
| Coalition For Responsible Transportation Priorities | ** Support | Aug 30, 2018 |
| Environmental Protection Information Center | ** Support | Jun 22, 2018 |
| Former California State Assemblymember Wes Chesbro | ** Support | Aug 30, 2018 |
| Friends of the Eel River | ** Support | Aug 30, 2018 |
| Green California | ** Support | Aug 30, 2018 |
| Greenbelt Alliance | ** Support | Jun 22, 2018 |
| Humboldt Bay Harbor | ** Support | Aug 30, 2018 |
| Humboldt Baykeeper | ** Support | Jun 22, 2018 |
| Humboldt County Association of Governments | ** Support | Aug 30, 2018 |
| Humboldt Trails Council | ** Support | Aug 30, 2018 |
| Marin County Bicycle Coalition | ** Support | Aug 30, 2018 |
| Marin County Board of Supervisors | ** Support | Aug 30, 2018 |
| Mendocino Council of Governments | ** Support | Aug 30, 2018 |
| NCRA | * Support | Apr 10, 2018 |
| North Coast Railroad Authority | ** Support | Aug 30, 2018 |
| Northcoast Environmental Center | ** Support | Jun 22, 2018 |
| Pacific Forest Trust | ** Support | Jun 22, 2018 |
| Rails to Trails Conservancy | ** Support | Aug 30, 2018 |
| Redwood Community Action Agency | ** Support | Aug 30, 2018 |
| Redwood Region Audubon Society | ** Support | Jun 22, 2018 |
| Save the Redwoods League | ** Support | Aug 30, 2018 |
| Sierra Club | ** Support | Aug 30, 2018 |
| Sonoma Bicycle Coalition | ** Support | Aug 30, 2018 |
| Sonoma County Board of Supervisors | ** Support | Aug 30, 2018 |
| Sonoma County Regional Parks | ** Support | Aug 30, 2018 |
| Sonoma-Marin Area Rail Transit | ** Support | May 29, 2018 |
| Sonoma-Marin Area Rail Transit | * Support | May 14, 2018 |
| Sonoma-Marin Area Rail Transit District | ** Support | Aug 30, 2018 |
| Stand For The Redwoods | ** Support | May 29, 2018 |
| Timber Heritage Association | ** Against | Aug 30, 2018 |
| Train Riders Association of California | ** Against | Jun 22, 2018 |
| Trout Unlimited | ** Support | Aug 30, 2018 |
| U.S. Representative Jared Huffman | ** Support | Aug 30, 2018 |
| ukiah valley trail group | ** Support | Aug 30, 2018 |
| Wagenseller Neighborhood Association | ** Support | Aug 30, 2018 |
| Walk & Bike Mendocino | ** Support | Aug 30, 2018 |
| Wild California | ** Support | May 29, 2018 |
| Wildlands Conservancy | ** Support | Aug 30, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1029
:
SENATE TRANS. & HOUSING COMMITTEE: 12-0, 4/10/18
AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wiener
NO VOTE RECORDED: Wieckowski
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 4/24/18
AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SENATE FLOOR: 36-0, 5/30/18
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wiener, Wilk
NO VOTE RECORDED: Cannella, De León, Wieckowski
ASSEMBLY FLOOR: 67-6, 8/30/18 - See last page for vote
SUBJECT: North Coast Railroad Authority
DIGEST:
This bill requires the California Transportation Agency to conduct an assessment of the North Coast Railroad Authority (NCRA) in order to provide the findings necessary to determine the most appropriate way to dissolve NCRA and dispense with its assets and liabilities, as specified.
Assembly Amendments
remove provisions to dissolve NCRA and allocate its assets to various public entities, and remove provisions that establish the Great Redwood Trail Agency to manage the northern portion of NCRA’s right-of-way.
Existing law:
- Establishes the NCRA which encompasses the Counties of Humboldt, Mendocino, Sonoma, and Trinity to provide passenger and freight rail service to those counties.
- Establishes, further, a governing Board of Directors and grants NCRA the authority to acquire real and personal property and operate passenger and freight rail services, as specified.
- Provides, additionally, NCRA financing authority to carry out the abovementioned duties.
This bill:
- Makes legislative findings and declarations regarding the NCRA.
- Requires the Transportation Agency, in consultant with the Natural Resources Agency, to include in a report to the Legislature related to NCRA by July 1, 2020, all of, but not limited to, the following:
- An assessment of NCRA's debts, liabilities, contractual obligations, and litigations;
- An assessment of NCRA's assets, including property, rights-of-way, easements, and equipment;
- An assessment of NCRA's freight contractor lease, including the contractor's assets and liabilities to the extent the information is available;
- A preliminary assessment of the viability of constructing a trail on NCRA's property or easement, including which portions of the terrain may be suitable for a trail as well as options for railbanking and potential governance structures.
- An assessment of the options for transferring the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District (SMART).
- Declares that it is in the public interest to dissolve NCRA and to transfer its rights-of-way to other entities for the purpose of potentially developing a trail.
- Eliminates much of NCRA's statutory authority, leaving in place only those necessary to assist in the Transportation Agency's assessment and the dissolution of NCRA.
- Appropriates $4 million from the Public Transportation Account for rail improvements on the corridor owned by SMART and the North Coast Railroad Authority.
- Authorizes SMART to operate freight service by rail.
Comments
- Purpose. According to the author, “after months of meetings with rail leaders, elected officials, state agencies, residents and trail advocates, we are ready to present SB 1029 — The Great Redwood Trail Act — a bill that establishes the process to create a magnificent 300 mile long hiking/biking/riding trail that would eventually connect San Francisco and Humboldt Bays. The bill also permits freight rail to continue where it is currently active and allows for excursion and freight rail traffic around Humboldt Bay. The Trail will be a significant economic driver for our region, as it will promote active tourism through five of the seven counties in my district.”
- NCRA. NCRA was formed in 1989 by the Legislature under the North Coast Railroad Authority Act. At that time, the Act was intended to ensure continuation of railroad service in Northwestern California and envisioned the railroad playing a significant role in the transportation infrastructure serving a part of the State that faced transportation challenges due to restricted access and limited transport options. The approximate 300 mile rail line is broken down into two divisions: the Russian River Division (from Lombard in Napa County to Willits in Mendocino County) and the Eel River Division (north of Willits to Samoa in Humboldt County.)
From 1991 through 2008 the California Transportation Commission (CTC) provided NCRA with an estimated $63 million through various programs to be used for purchasing right-of-way, rolling stock, equipment, and making repairs on the rail line. Additionally, in 2006, NCRA entered into an agreement with the Northwestern Pacific Railroad Company (NWPCo) to operate service on the NCRA rail line. Currently, NWPCo is the exclusive contract freight operator for NCRA. NWPCo runs minimal and limited freight rail service, operating up to two trains a week with several cars on each run, from the Lombard Interchange into Windsor California, approximately 62 miles in distance.
Since its inception, NCRA has struggled to secure stable and/or ongoing funding sources and also struggled to provide adequate service along the rail line. In June of 2017, NCRA testified at a CTC hearing where NCRA representatives informed commissioners that NCRA has never been financially self-sufficient, operates with an annual loss, is routinely unable to pay its obligations, and possesses debts due to legal fees from environmental lawsuits. NCRA further testified that the Authority was having difficulty maintaining and expanding rail service and that they were in the process of selling excess property to pay its debt obligations. Overall, NCRA does not generate substantial revenue from its operating contract with NWPCo to cover the Authority’s expenditures. Additionally, since 2011, NCRA has annually held anywhere from an estimated $10.6 million to $7 million in debt obligations while simultaneously operating with significant cash flow constraints.
The provisions specified in this bill aim to start the process of ultimately dissolving NCRA and reallocating the Authority’s assets to other public entities better equipped to manage the resources within NCRA’s existing right-of-way.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Costs in the hundreds of thousands of dollars for the Transportation Agency and Natural Resources Agency to conduct an assessment.
- Potentially reimbursable mandate, likely in tens of thousands of dollars to hundreds of thousands of dollars, for NCRA to cooperate with state agencies in the development of a closure plan for NCRA.
- Cost pressures in the millions of dollars to assist NCRA with settling its debts, depending on the outcome of the assessment and closure plans.
- $4 million appropriated from the Public Transportation Account.
Backcountry Horsemen of California – Redwood Unit
California Park & Recreation Society
California Transportation Commission
City of Cloverdale
City of Eureka
City of Ukiah
Coalition for Responsible Transportation Priorities
Former California State Assemblymember Wes Chesbro
Friends of the Eel River
Green California
Humboldt Bay Harbor
Humboldt County Association of Governments
Humboldt Trails Council
Marin County Bicycle Coalition
Marin County Board of Supervisors
Mendocino Council of Governments
North Coast Railroad Authority
Rails to Trails Conservancy
Redwood Community Action Agency
Save the Redwoods League
Sierra Club
Sonoma Bicycle Coalition
Sonoma County Board of Supervisors
Sonoma County Regional Parks
Sonoma-Marin Area Rail Transit District
Trout Unlimited
U.S. Representative Jared Huffman
Ukiah Valley Trail Group
Wagenseller Neighborhood Association
Walk & Bike Mendocino
Wildlands Conservancy
OPPOSITION: (Verified 8/30/18)
Timber Heritage Association
ASSEMBLY FLOOR: 67-6, 8/30/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Daly, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NOES: Gallagher, Kiley, Mathis, Melendez, Obernolte, Patterson
NO VOTE RECORDED: Bigelow, Choi, Dahle, Flora, Fong, Harper, Mayes
8/30/18 20:54:31
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1029
Author:(McGuire)
As Amended Ver:August 24, 2018
Majority vote
SENATE VOTE: 36-0
Committee | Votes | Ayes | Noes |
Transportation | 10-0 | Frazier, Aguiar-Curry, Baker, Berman, Chu, Daly, Friedman, Gipson, Medina, O'Donnell |
|
Appropriations | 12-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes |
|
SUMMARY: Requires the Transportation Agency to conduct an assessment of the North Coast Railroad Authority (NCRA) to provide the information necessary to determine the most appropriate way to dissolve NCRA and dispense with its assets and liabilities. Specifically, this bill:
- Requires the Transportation Agency, in consultant with the Natural Resources Agency, to include in a report to the Legislature related to NCRA by July 1, 2020, all of, but not limited to, the following:
- An assessment of NCRA's debts, liabilities, contractual obligations, and litigations;
- An assessment of NCRA's assets, including property, rights-of-way, easements, and equipment;
- An assessment of NCRA's freight contractor lease, including the contractor's assets and liabilities to the extent the information is available;
- A preliminary assessment of the viability of constructing a trail on NCRA's property or easement, including which portions of the terrain may be suitable for a trail as well as options for railbanking and potential governance structures.
- An assessment of the options for transferring the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District (SMART).
- Declares that it is in the public interest to dissolve NCRA and to transfer its rights-of-way to other entities for the purpose of potentially developing a trail.
- Eliminates much of NCRA's statutory authority, leaving in place only those necessary to assist in the Transportation Agency's assessment and the dissolution of NCRA.
- Appropriates $4 million from the Public Transportation Account for rail improvements on the corridor owned by SMART and the North Coast Railroad Authority.
- Authorizes SMART to operate freight service by rail.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Costs in the hundreds of thousands of dollars for the Transportation Agency and Natural Resources Agency to conduct an assessment.
- Potentially reimbursable mandate, likely in tens of thousands of dollars to hundreds of thousands of dollars, for NCRA to cooperate with state agencies in the development of a closure plan for NCRA.
- Cost pressures in the millions of dollars to assist NCRA with settling its debts, depending on the outcome of the assessment and closure plans.
- $4 million appropriated from the Public Transportation Account.
COMMENTS: NCRA was formed in 1989 by the Legislature under the North Coast Railroad Authority Act. At that time, the Act was intended to ensure continuation of railroad service in Northwestern California and envisioned the railroad playing a significant role in the transportation infrastructure serving a part of the State that faced transportation challenges due to restricted access and limited transport options. The approximate 300 mile rail line is broken down into two sections: the southern Russian River Division (from Lombard in Napa County to Willits in Mendocino County) and the northern Eel River Division (north of Willits to Samoa in Humboldt County).
From 1991 through 2008, CTC provided NCRA with an estimated $63 million through various grant programs for purchasing right-of-way, rolling stock, equipment, and making repairs to the existing rail line. Additionally, in 2006, NCRA entered into an agreement with the Northwestern Pacific Railroad Company (NWPCo) to operate service on the NCRA rail line. Currently, NWPCo is the exclusive contract freight operator for NCRA. NWPCo runs minimal and limited freight rail service, operating up to two trains a week with several cars on each run, from the Lombard Interchange into Windsor California, approximately 62 miles in distance.
Since its inception, NCRA has been unable to secure stable and/or ongoing funding and also has struggled to provide adequate service along the rail line. Overall, NCRA does not generate sufficient revenue from its operating contract with NWPCo to cover its expenditures. Additionally, since 2011, NCRA has annually held anywhere from an estimated $7 million to $10.6 million in debt obligations while simultaneously operating with significant cash flow constraints.
In a presentation to CTC in January of this year, NCRA provided an overview of its strategic plan. NCRA proposed to accomplish several key objectives, including railbanking a 120-mile segment of right-of-way to raise necessary funding to retire debt, and working toward obtaining grant and private funding required to complete phased improvements and restore freight service. CTC indicated that the plan did not present sufficient information for the Legislature and other stakeholders to make informed decisions concerning the future of NCRA, noting specifically that plans for railbanking and establishing the freight belt line and tourist train around Humboldt Bay did not include information on cost, schedule, partnerships, and other necessary requirements. In summary, CTC concluded that NCRA could not be expected to continue as it is, and suggested a legislative solution was the only remedy to the problem.
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093 FN: 0004822
SENATE THIRD READING
STR Bill Id:
Author:(McGuire)
As Amended Ver:
Majority vote
SENATE VOTE: 36-0
Committee | Votes | Ayes | Noes |
Transportation | 10-0 | Frazier, Aguiar-Curry, Baker, Berman, Chu, Daly, Friedman, Gipson, Medina, O'Donnell | |
Appropriations | 12-0 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Nazarian, Quirk, Reyes |
|
SUMMARY: Requires the Transportation Agency to conduct an assessment of the North Coast Railroad Authority (NCRA) to provide the information necessary to determine the most appropriate way to dissolve NCRA and dispense with its assets and liabilities. Specifically, this bill:
- Requires the Transportation Agency, in consultant with the Natural Resources Agency, to include in a report to the Legislature related to NCRA by July 1, 2020, all of, but not limited to, the following:
- An assessment of NCRA's debts, liabilities, contractual obligations, and litigations;
- An assessment of NCRA's assets, including property, rights-of-way, easements, and equipment;
- An assessment of NCRA's freight contractor lease, including the contractor's assets and liabilities to the extent the information is available;
- A preliminary assessment of the viability of constructing a trail on NCRA's property or easement, including which portions of the terrain may be suitable for a trail as well as options for railbanking and potential governance structures.
- An assessment of the options for transferring the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District.
- Declares that it is in the public interest to dissolve NCRA and to transfer its rights-of-way to other entities for the purpose of potentially developing a trail.
- Eliminates much of NCRA's statutory authority, leaving in place only those necessary to assist in the Transportation Agency's assessment and the dissolution of NCRA.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Costs in the hundreds of thousands of dollars for the Transportation Agency and Natural Resources Agency to conduct an assessment.
- Potentially reimbursable mandate, likely in tens of thousands of dollars to hundreds of thousands of dollars, for NCRA to cooperate with state agencies in the development of a closure plan for NCRA.
- Cost pressures in the millions of dollars to assist NCRA with settling its debts, depending on the outcome of the assessment and closure plans.
COMMENTS: NCRA was formed in 1989 by the Legislature under the North Coast Railroad Authority Act. At that time, the Act was intended to ensure continuation of railroad service in Northwestern California and envisioned the railroad playing a significant role in the transportation infrastructure serving a part of the State that faced transportation challenges due to restricted access and limited transport options. The approximate 300 mile rail line is broken down into two sections: the southern Russian River Division (from Lombard in Napa County to Willits in Mendocino County) and the northern Eel River Division (north of Willits to Samoa in Humboldt County).
From 1991 through 2008, CTC provided NCRA with an estimated $63 million through various grant programs for purchasing right-of-way, rolling stock, equipment, and making repairs to the existing rail line. Additionally, in 2006, NCRA entered into an agreement with the Northwestern Pacific Railroad Company (NWPCo) to operate service on the NCRA rail line. Currently, NWPCo is the exclusive contract freight operator for NCRA. NWPCo runs minimal and limited freight rail service, operating up to two trains a week with several cars on each run, from the Lombard Interchange into Windsor California, approximately 62 miles in distance.
Since its inception, NCRA has been unable to secure stable and/or ongoing funding and also has struggled to provide adequate service along the rail line. Overall, NCRA does not generate sufficient revenue from its operating contract with NWPCo to cover its expenditures. Additionally, since 2011, NCRA has annually held anywhere from an estimated $7 million to $10.6 million in debt obligations while simultaneously operating with significant cash flow constraints.
In a presentation to CTC in January of this year, NCRA provided an overview of its strategic plan. NCRA proposed to accomplish several key objectives, including railbanking a 120-mile segment of right-of-way to raise necessary funding to retire debt, and working toward obtaining grant and private funding required to complete phased improvements and restore freight service. CTC indicated that the plan did not present sufficient information for the Legislature and other stakeholders to make informed decisions concerning the future of NCRA, noting specifically that plans for railbanking and establishing the freight belt line and tourist train around Humboldt Bay did not include information on cost, schedule, partnerships, and other necessary requirements. In summary, CTC concluded that NCRA could not be expected to continue as it is, and suggested a legislative solution was the only remedy to the problem.
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093 FN: 0004274
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1029
Author:(McGuire) – As Amended Ver:June 20, 2018
Policy Committee: | Transportation | Vote: | 10 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill dissolves the North Coast Railroad Authority (NCRA) and transfers its responsibilities for the southern portion of the rail corridor to the Sonoma-Marin Area Rail Transit District (SMART). This bill also creates the Great Redwood Trail Agency (GRTA) and, transfers NCRA’s responsibilities for the northern portion of the rail corridor to GRTA, and requires GRTA to construct and manage a trail network on the northern end of NCRA’s right-of-way. Specifically, this bill:
- Creates GRTA and establishes its governing board of directors.
- Requires NCRA, by April 1, 2019, to transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, to SMART for right-of-way south of Willits.
- Requires NCRA, by July 1, 2019, to transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, to GRTA for right-of-way north of Willits.
- Abolishes NCRA upon completion of the transfers.
- Assigns GRTA numerous responsibilities, to the extent funding is available, including planning, constructing, and maintaining a multi-use trail along the right-of-way it receives from NCRA.
- Authorizes GRTA to collect fees and establishes The Great Redwood Trail Fund to receive fee revenue.
- Requires GRTA to report to the Legislature annually beginning January 1, 2020.
- Authorizes GRTA to exercise all rights and powers necessary to carry out its purpose, including entering into contracts and acquiring real property.
- Requires the California Transportation Commission (CTC) to conduct an assessment of NCRA’s preexisting liabilities related to debt, litigation, or contractual obligations and report that information to the Legislature prior to July 1, 2019.
FISCAL EFFECT:
- Potential costs to the state of roughly $10 million for known debts of NCRA to the extent abolishing a special district and failing to provide for a remedy for its debtors results in the state assuming liability for the debts.
- Potential environmental clean-up costs to the state, possibly in the hundreds of millions of dollars, to the extent the state assumes liability for environmental accidents that were the responsibility of NCRA.
- Cost pressures, in the tens of millions of dollars to hundreds of millions of dollars, to provide funding for the GRTA to fulfill its responsibilities of planning, constructing, and maintaining a trail. It is unclear how GRTA will be funded and, as a result GRTA is likely to request grants or other assistance from the state.
- Unknown costs, likely in the range of a couple hundred thousand dollars, for CTC to conduct an assessment of NCRA debts and liabilities and prepare a report to the Legislature.
COMMENTS:
- Background. NCRA is a special district tasked with bringing freight rail service to the northwestern part of the state, from Napa and Marin to Humboldt Bay. However, since its creation, NCRA has struggled to bring functional freight rail to the corridor and, as a result, NCRA has struggled financially. NCRA has accumulated millions in debt and is apparently unable to pay its debts or pay its staff and office space lease to continue operations. However, it does not appear that NCRA has taken steps to file for bankruptcy. In addition to debts, NCRA has myriad contracts with various entities ranging from a private rail operator to private landowners. NCRA is also potentially liable for certain environmental damage caused along the rail line. For example, a storm in the 1990s washed out part of the rail track along with rail cars, which fell into the Eel River below and have remained there since. The total debts and liabilities are unknown at this time.
- Purpose. The author would like to abolish NCRA because it appears to have largely failed in its mission. The author would like to give the assets from the southern portion of the rail line to SMART and create a new agency to manage the northern portion of the line as a trail.
- Staff comments. As it is currently written, this bill specifically excludes debts and liabilities from being transferred to SMART or the newly-created GRTA. As a result of failing to provide for a remedy for debtors and potentially interfering with contracts by abolishing NCRA, it is possible the state will take on these liabilities. In addition, in some cases it may not be possible to transfer assets without transferring associated liabilities, for example, if a debt is secured by an asset.
This bill envisions a sizable 300-mile trail be created along the existing NCRA right-of-way. While creating a trail is a noble endeavor, it is not clear the creation of the trail is feasible in all locations. As noted above, some of the former railroad tracks have washed out and it is also reported that some bridges and other crossings may be dilapidated and unsafe. In addition, creating and managing a trail through numerous privately owned properties poses challenges and liabilities that should be carefully evaluated before deciding to build the trail. It is possible such an evaluation will reveal some portions of the trail are cost-prohibitive to build or manage. In addition, more information would better inform prioritization of tasks that need to occur. For example, environmental clean-up may be a more important goal that constructing a trail.
Staff notes the author’s office has been working to resolve the issues discussed in this analysis. The author may wish to continue developing solutions in order to amend the bill to address the debts and liabilities of NCRA as well as ensure the necessary information is obtained before deciding the scope of future work for a trail.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 25, 2018
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SBPCA Bill Id:SB 1029
Author:(McGuire) – As Amended Ver:June 20, 2018
SENATE VOTE: 36-0
SUBJECT: North Coast Railroad Authority: right-of-way: Great Redwood Trail Agency: Sonoma-Marin Area Rail Transit District
SUMMARY: Dissolves the North Coast Railroad Authority (NCRA) and transfers its responsibilities for its southern portion to the Sonoma-Marin Area Rail Transit District (SMART); also creates and transfers its responsibilities to the Great Redwood Trail Agency (GRTA) in order to construct and manage a trail network on the northern end of NCRA’s right-of-way. Specifically, this bill:
- Creates GRTA and establishes its governing Board of Directors as follows:
- Two Governor’s appointees, one from the Department of Transportation (Caltrans) and one from the Natural Resources Agency;
- One Senate appointee and one Assembly appointee;
- One Mendocino County appointee and one Humboldt County appointee;
- One mayor or city council member from a community along the right of way appointed by the Redwood Empire Division of the League of California Cities.
- Requires NCRA to transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, to SMART for right-of-way south of Willits by April 1, 2019.
- Requires NCRA to transfer its rights, privileges, and responsibilities, excluding any preexisting liability related to debt, litigation, or contractual obligations, to GRTA for right-of-way north of Willits by July 1, 2019.
- Abolishes NCRA upon completion of the transfers.
- Assigns GRTA the following responsibilities, to the extent funding is available:
- Inventory every parcel, easement, or contract related to its right-of-way;
- Complete an environmental assessment of the conditions of the right-of-way for purposes of trail development;
- Complete the federal railbanking process where appropriate;
- Plan, construct, operate, and maintain a trail in, or parallel to, the right-of-way;
- Conduct a thorough community engagement process;
- Honor existing trail licenses and work to provide new agreements;
- Utilize the California Conservation Corps and other conservation organizations;
- Prepare a master plan for the trail, including any environmental analysis required pursuant to the California Environmental Quality Act; and,
- Report to the Legislature annually beginning January 1, 2020.
- Authorizes GRTA to exercise all rights and powers necessary to carry out its purpose, including, but not limited to:
- Entering into and performing all necessary contracts, suing or being sued;
- Fixing and collecting fees for the use of any land owned or controlled, or for any service provided by the agency;
- Making grants or acquiring interests in real property;
- Leasing, renting, selling, exchanging, or transferring interests in real property;
- Undertaking or finding projects and programs related to the trail;
- Providing for the management of the right-of-way and the trail;
- Applying for and accepting grants, donations, or other assistance from public or private sources; and,
- Recruiting and coordinating volunteers and experts to assist with the trail.
- Requires the California Transportation Commission (CTC) to conduct an assessment of NCRA’s preexisting liabilities related to debt, litigation, or contractual obligations and report that information to the Legislature prior to July 1, 2019.
EXISTING LAW:
- Establishes NCRA, which traverses the Counties of Humboldt, Mendocino, Sonoma, and Trinity, intended to provide passenger and freight rail service to the north coast area.
- Establishes a governing Board of Directors and grants NCRA the authority to acquire real and personal property and operate passenger and freight rail services, as specified.
- Provides NCRA financing authority to carry out the abovementioned duties.
- Creates SMART, within the Counties of Marin and Sonoma, for potential freight and transit services and to operate and maintain a passenger rail system within its territory.
- Establishes CTC and directs CTC to advise and assist the Secretary of Transportation and the Legislature in formulating and evaluating state policies and plans for transportation programs in the state.
FISCAL EFFECT: Unknown
COMMENTS: NCRA was formed in 1989 by the Legislature under the North Coast Railroad Authority Act. At that time, the Act was intended to ensure continuation of railroad service in Northwestern California and envisioned the railroad playing a significant role in the transportation infrastructure serving a part of the State that faced transportation challenges due to restricted access and limited transport options. The approximate 300 mile rail line is broken down into two sections: the southern Russian River Division (from Lombard in Napa County to Willits in Mendocino County) and the northern Eel River Division (north of Willits to Samoa in Humboldt County).
From 1991 through 2008, CTC provided NCRA with an estimated $63 million through various grant programs for purchasing right-of-way, rolling stock, equipment, and making repairs to the existing rail line. Additionally, in 2006, NCRA entered into an agreement with the Northwestern Pacific Railroad Company (NWPCo) to operate service on the NCRA rail line. Currently, NWPCo is the exclusive contract freight operator for NCRA. NWPCo runs minimal and limited freight rail service, operating up to two trains a week with several cars on each run, from the Lombard Interchange into Windsor California, approximately 62 miles in distance.
Since its inception, NCRA has been unable to secure stable and/or ongoing funding and also has struggled to provide adequate service along the rail line. In June of 2017, NCRA testified at a CTC hearing informing commissioners that NCRA has never been financially self-sufficient, operates with an annual loss, is routinely unable to pay its obligations, and possesses outstanding debts due to legal fees from environmental lawsuits. NCRA further testified that it was having difficulty maintaining and expanding rail service and that it was in the process of selling excess property to pay its debt obligations. Overall, NCRA does not generate sufficient revenue from its operating contract with NWPCo to cover its expenditures. Additionally, since 2011, NCRA has annually held anywhere from an estimated $7 million to $10.6 million in debt obligations while simultaneously operating with significant cash flow constraints. CTC requested that NCRA develop a strategic plan and return to the Commission to explain how NCRA was going to continue.
In a follow-up presentation to CTC in January of this year, NCRA provided an overview of its strategic plan. NCRA proposed to accomplish several key objectives, including railbanking a 120-mile segment of right-of-way to raise necessary funding to retire debt, and working toward obtaining grant and private funding required to complete phased improvements and restore freight service. CTC indicated that the plan did not present sufficient information for the Legislature and other stakeholders to make informed decisions concerning the future of NCRA, noting specifically that plans for railbanking and establishing the freight belt line and tourist train around Humboldt Bay did not include information on cost, schedule, partnerships, and other necessary requirements. In summary, CTC concluded that NCRA could not be expected to continue as it is, and suggested a legislative solution was the only remedy to the problem.
According to the author, he introduced this bill “to proactively replace the nearly defunct NCRA, a state-created agency, with a solution that will benefit all of California and the North Coast for generations to come. With an annual deficit, crumbling and aging infrastructure, no potential income, and no way to repair the northern 240 miles of track, it is simply impossible for NCRA to complete its mission. In addition, NCRA recently lost its appeal regarding an environmental analysis and, if the decision stands, NCRA will be liable for up to $2 million in plaintiff’s attorney fees. This bill would render the case moot and be able to resolve the issues presented in the suit.”
Writing in opposition to the measure, the California Farm Bureau Federation raises a number of concerns, including the lack of funding details in the bill and the need for local engagement. One particular concern the Farm Bureau raises relates to the potential impacts this new trail could have on the private landholders adjacent to the trail. The Farm Bureau’s letter points out that these landowners will likely feel the brunt of the trail’s negative impacts, including noise, lack of privacy, littering, property damage, vandalism, trespassing, burglary, overnight camping, fire risk, and claims of liability.
Writing in response, the author acknowledges that it is understandable that landowners, farmers, and ranchers would have fears about a change in the use of the right-of-way, especially since there has been no rail use on these lands for over 20 years and they are used to having the line abandoned. The author notes that these are very valid and common concerns that come up whenever a “rails to trails” project occurs, and the national Rails to Trails Conservancy, who is work working with the author, has dealt with these issues hundreds of times all over the country and is experienced at working out solutions. According to the author, there will be an extensive community input process, long before any trail is ever built, and it will include input from landowners and farmers.
Train Riders Association of California write in opposition to the bill based on the likelihood that it would result in the tearing out of the tracks that could be resurrected for rail excursion service. According to the author, the good news is that the bill helps maintain the current short run of freight in the southern portion of the line where it currently exists, and the railbanking process he is anticipating for the rest of this project will keep the right of way available to trains for all time. If NCRA goes away without a proactive plan for the line, the adjacent property owners would have a very good case that the easement contracts have been violated and they could be cancelled. Sadly, freight rail has not been successful or financially viable on the northern portions of this right-of-way since the mid-1970s and it’s hard to imagine it happening any time in the future.
Committee Comments:
- One of the largest unknowns related to this bill is the amount of financial liability associated with NCRA, and what the outcomes of that liability may be with or without this legislation. Related to the NCRA’s proposed strategic plan presented to CTC, questions arose regarding the following:
- Federal and state approvals required, including the cost, schedule, and plan to obtain approvals;
- Environmental remediation necessary, including the cost, barriers and timeline to remediate;
- Easements or other subordinated property interests that create a barrier to constructing and operating a trail;
- Funding source(s) secured or to be secured for implementation and operation of any rail service;
- Responsibility for construction, maintenance and operation of the trail;
- Partnerships that must be formed or approvals required from federal, state, local and private stakeholders; and,
- Market analysis, projected costs/revenues, funds required to pay outstanding debts, likelihood of private funding, and identification of any state or federal subsidies that may be required to maintain and expand operations.
While NCRA seemed to have no answers to these pertinent questions, it appears this bill suffers from a similar lack of details. It is clear that something needs to be done with NCRA as it is flatly unsustainable and any delay in addressing the problem only exacerbates the potential costs associated with it. As the author continues to pursue this measure, he will need to resolve concerns related to these financial unknowns and what the state’s role in the outstanding liabilities may become.
- In addition to the financial uncertainties related to this bill, it is unclear how the administration of the new agency will be accomplished and with what funding. The author is attempting to resolve this concern by balancing the need for effective, experienced administrators with shielding any potential new entity from the debts and obligations of the existing agency. Before becoming law, the author will have to resolve this issue.
REGISTERED SUPPORT / OPPOSITION:
Support
Adventure Cycling Association
California Bicycle Association
California Transportation Commission
CalTrout
CalWild
Coalition for Responsible Transportation Priorities
Environmental Protection Information Center
Friends of the Eel River
Greenbelt Alliance
Humboldt County Association of Governments
Humboldt Baykeeper
Humboldt Trails Council
Marin County Board of Supervisors
Mendocino Council of Governments
Northcoast Environmental Center
Pacific Forest Trust
Rails to Trails Conservancy
Redwood Community Action Agency
Redwood Region Audubon Society
Save the Redwoods League
Sierra Club
Sonoma County Board of Supervisors
Sonoma County Regional Parks
Sonoma-Marin Area Rail Transit District (SMART)
Wildlands Conservancy
Opposition
California Farm Bureau Federation
Train Riders Association of California
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1029 (McGuire) - North Coast Railroad Authority: right-of-way: Great Redwood Trail Agency: Sonoma-Marin Area Rail Transit District
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 1029 would dissolve the North Coast Rail Authority (NCRA), transfer its rights, privileges, and responsibilities, excluding any debts, litigation, or contractual obligations, to the Department of Transportation (Caltrans) and the Sonoma-Marin Area Rail Transit District (SMART), as specified, and provide for the creation of the Great Redwood Trail Agency (GRTA) to construct and manage a trail network on the northern end of NCRA’s right-of-way.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 25, 2018
Fiscal Impact:
- Unknown one-time costs, potentially in the low hundreds of thousands in 2018-19 (State Highway Account), for the California Transportation Commission (CTC) to ascertain NCRA’s existing liabilities related to debt, litigation, and contractual obligations. There could be additional General Fund cost pressures, potentially over $10 million, to settle those liabilities.
- Unknown significant one-time cost pressures, likely in the millions, to provide funding for the GRTA to conduct an inventory of all parcels and contracts related to the northern portion of NCRA’s right-of-way, and conduct an environmental assessment. There could be additional significant cost pressures, also in the millions for mitigating any environmental issues identified in the assessment. (General Fund)
- One-time costs of approximately $3.1 million for necessary capital improvements and maintenance of track and bridges on the southern portion of NCRA’s right-of-way, plus ongoing maintenance costs of approximately $1.6 million annually. (General Fund) Staff notes that the Senate’s Budget proposal includes $4.1 million in funding for these purposes.
- Unknown, potentially significant costs for SMART to conduct a freight rail study, establish additional positions, and submit annual reports to the Legislature, upon appropriation of funds for those purposes. (General Fund)
- Unknown very major one-time and ongoing cost pressures, potentially in the hundreds of millions, to provide funding for the construction and ongoing maintenance of a systemwide trail and railroad line. (General Fund, federal funds, and potentially bond funds)
Author Amendments:
- Require NCRA to transfer its rights, privileges, and responsibilities, excluding preexisting liabilities, for the northern portion of its right-of-way to GRTA by July 1, 2019, rather than transferring those items to Caltrans by April 1, 2019.
- Specify that those transfers shall not affect or negate rights under a specified Memorandum of Understanding.
- Delete provisions requiring the GRTA’s initial board to advise Caltrans on issues related to railbanking and the creation and maintenance of a trail, as specified.
- Require GRTA to conduct an inventory of parcels and contracts, and to complete an environmental assessment of the northern portion of NCRA’s right-of-way, upon receipt of its rights, privileges, and responsibilities, as specified.
- Require GRTA to utilize the California Conservation Corps whenever possible on projects related to trails, environmental enhancements and restoration, and other projects.
- Make several clarifying changes.
Committee Amendments:
- Require CTC to conduct an assessment of NCRA’s existing debts, liabilities, contracts, and other legal obligations, and to report that information to the Legislature by July 1, 2019.
- Delete legislative intent to settle NCRA’s debts and liabilities, and to provide state funding for the construction and maintenance of the system wide trail and railroad line, as specified.
- Specify that the successor agency to the northern portion of the NCRA’s right-of-way must only do the following to the extent funding is available:
- Conduct an inventory of parcels and contracts related to the right-of-way.
- Complete an environmental assessment of the right-of-way.
- Complete the railbanking process and maintain a trail in or next to the right-of-way.
- Contract with an operator for freight or excursion rail service on the northernmost portion of the right-of-way, as specified.
- Submit annual progress reports to the Legislature.
-- END --
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1029
: 5/25/18
SENATE TRANS. & HOUSING COMMITTEE: 12-0, 4/10/18
AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Morrell, Roth, Skinner, Vidak, Wiener
NO VOTE RECORDED: Wieckowski
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 4/24/18
AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
SUBJECT: North Coast Railroad Authority: right-of-way: Great Redwood Trail Agency: Sonoma-Marin Area Rail Transit District
DIGEST:
This bill establishes the conditions for the southern portion of the North Coast Railroad Authority (NCRA) rail line to be transferred to the Sonoma-Marin Area Rail Transit District (SMART) and for the northern portion of the NCRA rail line to be transferred to the Great Redwood Trail Agency which is created by this bill, and at which point NCRA would be abolished.
Existing law:
- Establishes NCRA, which encompasses the Counties of Humboldt, Mendocino, Sonoma, and Trinity to provide passenger and freight rail service to those counties.
- Establishes a governing Board of Directors and grants NCRA the authority to acquire real and personal property and operate passenger and freight rail services, as specified.
- Provides, additionally, NCRA financing authority to carry out the abovementioned duties.
- Creates SMART, within the Counties of Marin and Sonoma, for potential freight and transit services and to operate and maintain a passenger rail system within its territory.
- Establishes the 13-member California Transportation Commission (CTC) and directs the CTC to advise and assist the Secretary of Transportation and the Legislature in formulating and evaluating state policies and plans for transportation programs in the state.
This bill:
- Makes legislative findings and declarations regarding the dissolution of NCRA and the creation of the Great Redwood Trail Agency (Agency). These findings set forth the desired result for a 142.5-mile-long public trail. The trail is intended to be multi-use to include hiking, biking, and equestrian users to be determined by a broad community engagement process.
- Requires the CTC to conduct an assessment of NCRA’s preexisting liabilities related to debt, litigation, or contractual obligations and report that information to the Legislature before July 1, 2019.
- Requires NCRA, before April 1, 2019, to transfer all its rights, privileges, and responsibilities, excluding any liabilities, debt, and/or contractual obligations relating to its right-of-way and railroad assets, plus any licenses and certificates of public convenience and common carrier obligations south of the City of Willits to SMART.
- Requires NCRA, before July 1, 2019, to transfer all its rights, privileges, and responsibilities to its rights-of-way excluding any liabilities, debt, and/or contractual obligations north of the City of Willits to the Agency.
- Specifies that upon completing the abovementioned transfers, NCRA is to be dissolved.
- Creates the Agency and provides various duties and responsibilities. The Agency’s Board of Directors consists of two appointees from the Governor knowledgeable about trails, parks, railroads, or rivers, one each representing the Natural Resources Agency and one representing CalTrans. There is also one Senate Rules appointee and one Assembly Speaker appointee with the same qualifications regarding trails, parks, railroads, or rivers. The counties of Mendocino and Humboldt may (but are not required to) appoint one board member from their respective boards of supervisors. There is also a provision for an as-of-yet undetermined entity to appoint one board member.
- Requires the Agency to inventory any parcel or contract related to the right of way, and to complete an environmental assessment of the right of way.
- Requires the Agency, to the extent funding is available, to complete the rail banking and establish a trail from mile post 142 to mile post 284 and authorizes the agency to contract with a trail manager or other organization for these purposes.
- Provides that between mile posts 284 and 300.5, to the extent funding is available, the Agency shall complete the trail but is also authorized to consider freight or excursion rail service that does not interfere with the trail.
- Requires the Agency, to the extent funding is available, to utilize the services of the California Conservations Corps whenever possible on projects related to trails, environmental enhancements and restoration, and other improvement projects.
- Obligates the agency to submit annual reports to the Legislature and provides it is subject to the Brown Act and the Public Records Act.
- Expands SMART to include freight service.
- Amends SMART’s board of directors to include the possibility (but not a requirement) for one member from the Mendocino County Board of Supervisors.
- Provides that, upon receipt of the NCRA rights and responsibilities of the southern portion of the railroad line, SMART shall conduct a freight study from Willits south, create or assign the positions of trail manager and freight rail manager, and report annually to the Legislature.
- Makes other conforming and technical changes.
Background
- NCRA. NCRA was formed in 1989 by the Legislature under the North Coast Railroad Authority Act. At that time, the Act was intended to ensure continuation of railroad service in Northwestern California and envisioned the railroad playing a significant role in the transportation infrastructure serving a part of the State that faced transportation challenges due to restricted access and limited transport options. The approximate 300 mile rail line is broken down into two divisions: the Russian River Division (from Lombard in Napa County to Willits in Mendocino County) and the Eel River Division (north of Willits to Samoa in Humboldt County.)
From 1991 through 2008 the CTC provided NCRA with an estimated $63 million through various programs to be used for purchasing right-of-way, rolling stock, equipment, and making repairs on the rail line. Additionally, in 2006, NCRA entered into an agreement with the Northwestern Pacific Railroad Company (NWPCo) to operate service on the NCRA rail line. Currently, NWPCo is the exclusive contract freight operator for NCRA. NWPCo runs minimal and limited freight rail service, operating up to two trains a week with several cars on each run, from the Lombard Interchange into Windsor California, approximately 62 miles in distance.
Since its inception, NCRA has struggled to secure stable and/or ongoing funding sources and also struggled to provide adequate service along the rail line. In June of 2017, NCRA testified at a CTC hearing where NCRA representatives informed commissioners that NCRA has never been financially self-sufficient, operates with an annual loss, is routinely unable to pay its obligations, and possesses debts due to legal fees from environmental lawsuits. NCRA further testified that the Authority was having difficulty maintaining and expanding rail service and that they were in the process of selling excess property to pay its debt obligations. Overall, NCRA does not generate substantial revenue from its operating contract with NWPCo to cover the Authority’s expenditures. Additionally, since 2011, NCRA has annually held anywhere from an estimated $10.6 million to $7 million in debt obligations while simultaneously operating with significant cash flow constraints.
- Next steps. This bill proposes to dissolve NCRA and essentially split the rail line in the City of Willits with the northern portion being transferred to the newly-created Great Redwood Trail Agency and the southern portion being transferred to SMART. For the southern portion, SMART will be responsible for conducting a freight rail study and determining how to proceed with future rail service within that corridor. Meanwhile, the northern portion is clearly designated to be developed as a trails system to be managed by the Agency.
- Who pays? This bill proposes to transfer all of NCRA’s rights, privileges, and responsibilities to the Agency (northern portion) and to SMART (southern portion) and clearly states any of NCRA’s preexisting liabilities related to debts, litigation, or contractual obligations are excluded in the process of dissolving NCRA. As mentioned, it’s been well documented that NCRA holds significant debts due to its inability to generate revenue and legal expenses. It’s also been well documented that portions of NCRA’s rail corridor are in extremely poor condition and are in environmentally sensitive areas of the Eel River (see Friends of the Eel River v. North Coast Railroad Authority.) In order to determine the actual cost, this bill directs CTC to carry out an assessment of NCRA’s preexisting debts and liabilities and report to the Legislature by July 1, 2019.
Comments
Purpose. According to the author, “after months of meetings with rail leaders, elected officials, state agencies, residents and trail advocates, we are ready to present SB 1029 — The Great Redwood Trail Act — a bill that establishes the process to create a magnificent 300 mile long hiking/biking/riding trail that would eventually connect San Francisco and Humboldt Bays. The bill also permits freight rail to continue where it is currently active and allows for excursion and freight rail traffic around Humboldt Bay. The Trail will be a significant economic driver for our region, as it will promote active tourism through five of the seven counties in my district.”
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Unknown one-time costs, potentially in the low hundreds of thousands in 2018-19 (State Highway Account), for the CTC to ascertain NCRA’s existing liabilities related to debt, litigation, and contractual obligations. There could be additional General Fund cost pressures, potentially over $10 million, to settle those liabilities.
- Unknown significant one-time cost pressures, likely in the millions, to provide funding for the Agency to conduct an inventory of all parcels and contracts related to the northern portion of NCRA’s right-of-way, and conduct an environmental assessment. There could be additional significant cost pressures, also in the millions for mitigating any environmental issues identified in the assessment. (General Fund)
- One-time costs of approximately $3.1 million for necessary capital improvements and maintenance of track and bridges on the southern portion of NCRA’s right-of-way, plus ongoing maintenance costs of approximately $1.6 million annually. (General Fund) Staff notes that the Senate’s Budget proposal includes $4.1 million in funding for these purposes.
- Unknown, potentially significant costs for SMART to conduct a freight rail study, establish additional positions, and submit annual reports to the Legislature, upon appropriation of funds for those purposes. (General Fund)
- Unknown very major one-time and ongoing cost pressures, potentially in the hundreds of millions, to provide funding for the construction and ongoing maintenance of a systemwide trail and railroad line. (General Fund, federal funds, and potentially bond funds)
Alta Planning + Design
California Bicycle Coalition
California Transportation Commission
California Trout
California Wilderness Coalition
Friends of the Eel River
Greenbelt Alliance
Humboldt Baykeeper
Humboldt County Association of Governments
Humboldt Trails Council
North Coast Environmental Center
Pacific Forest Trust
Rails to Trails Conservancy
Redwood Community Action Agency
Redwood Region Audubon Society
Save the Redwoods League
Sonoma County Regional Parks
Sonoma-Marin Area Rail Transit
Stand for the Redwoods
Wild California
Wildlands Conservancy
OPPOSITION: (Verified 5/25/18)
California Farm Bureau Federation
5/29/18 17:44:39
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1029 (McGuire) - North Coast Railroad Authority: right-of-way: Great Redwood Trail Agency: Sonoma-Marin Area Rail Transit District
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1029 would dissolve the North Coast Rail Authority (NCRA), transfer its rights privileges and responsibilities, excluding any debts, litigation, or contractual obligations, to the Department of Transportation (Caltrans) and the Sonoma-Marin Area Rail Transit District (SMART), as specified, and provide for the creation of the Great Redwood Trail Agency (GRTA) to construct and manage a trail network on the northern end of NCRA’s right-of-way.
Fiscal Impact:
- Unknown significant one-time costs, likely in the millions over two years, for Caltrans to conduct an inventory of all parcels and contracts related to the northern portion of NCRA’s right-of-way, and conduct an environmental assessment. There could be additional significant costs, also in the millions, to the extent Caltrans is deemed responsible for mitigating any environmental issues identified in the assessment. (State Highway Account)
- Unknown one-time costs, potentially over $10 million, to settle NCRAs debts, liabilities, contracts, and other legal obligations. (General Fund)
- One-time costs of approximately $3.1 million for necessary capital improvements and maintenance of track and bridges on the southern portion of NCRA’s right-of-way, plus ongoing maintenance costs of approximately $1.6 million annually. (General Fund)
- See Staff Comments regarding current budget proposal. - Unknown, potentially significant costs for SMART to conduct a freight rail study, establish additional positions, and submit annual reports to the Legislature, upon appropriation of funds for those purposes. (General Fund)
- Unknown very major one-time and ongoing costs and cost pressures, potentially in the hundreds of millions, to provide funding for the construction and ongoing maintenance of a systemwide trail and railroad line. (General Fund, federal funds, and potentially bond funds)
* Staff notes that the magnitude of costs associated with this bill are speculative, absent a full accounting of current NCRA debts, liabilities, and obligations, and any available feasibility study regarding the conversion of NRCA’s rail line to a trail system.
Background:
NCRA was formed in 1989 by the Legislature under the North Coast Railroad Authority Act. At that time, the Act was intended to ensure continuation of railroad service in Northwestern California and envisioned the railroad playing a significant role in the transportation infrastructure serving a part of the State that faced transportation challenges due to restricted access and limited transport options. The approximate 300 mile rail line is broken down into two divisions: the Russian River Division (from Lombard in Napa County to Willits in Mendocino County) and the Eel River Division (north of Willits to Samoa in Humboldt County.)
From 1991 through 2008 the California Transportation Commission (CTC) provided NCRA with an estimated $63 million through various programs to be used for purchasing right-of-way, rolling stock, equipment, and making repairs on the rail line. Additionally, in 2006, NCRA entered into an agreement with the Northwestern Pacific Railroad Company (NWPCo) to operate service on the NCRA rail line. Currently, NWPCo is the exclusive contract freight operator for NCRA. NWPCo runs minimal and limited freight rail service, operating up to two trains a week with several cars on each run, from the Lombard Interchange into Windsor California, approximately 62 miles in distance.
Since its inception, NCRA has struggled to secure stable and/or ongoing funding sources and also struggled to provide adequate service along the rail line. In June of 2017, NCRA testified at a CTC hearing where NCRA representatives informed Commissioners that NCRA has never been financially self-sufficient, operates with an annual loss, is routinely unable to pay its obligations, and possesses debts due to legal fees from environmental lawsuits. NCRA further testified that the Authority was having difficulty maintaining and expanding rail service and that they were in the process of selling excess property to pay its debt obligations. Overall, NCRA does not generate substantial revenue from its operating contract with NWPCo to cover the Authority’s expenditures. Additionally, since 2011, NCRA has annually held anywhere from an estimated $10.6 million to $7 million in debt obligations while simultaneously operating with significant cash flow constraints. According to a recent financial statement from the 2015-16 fiscal year, NCRA had operating revenues of $518,000, and operating expenses of approximately $2.5 million, resulting in an operating loss of over $2 million for that year.
Proposed Law:
SB 1029 would dissolve NCRA, and establish the Great Redwood Trail Agency, as specified. The bill would transfer its rights, privileges and responsibilities, excluding specified liabilities and obligations, to Caltrans on the northern end of NCRA’s right-of-way (and eventually to GRTA), and to SMART on the southern end of NCRA’s right-of-way, and provide for the construction of a systemwide trail system. Specifically, this bill would:
- Make specified legislative intent regarding the transfer of NCRAs’ assets and right-of-way on the southern end to SMART, and provide for the GRTA to create and maintain a trail network on the northern end. The bill expresses intent to provide funding for the construction and maintenance of the systemwide trail and railroad line, as specified.
- Require NCRA, before April 1, 2019, to transfer all its rights, privileges, and responsibilities, excluding any liabilities, debt, and/or contractual obligations relating to both its right-of-way and railroad assets south of the City of Willits to SMART.
- Require NCRA, before April 1, 2019, to transfer all its rights, privileges, and responsibilities to its rights-of-way excluding any liabilities, debt, and/or contractual obligations north of the City of Willits to Caltrans.
- Abolish the NCRA upon completion of those transfers.
- Require Caltrans to complete an inventory of all right-of-way parcels and/or contracts and an environmental assessment of right-of-way in its possession within two years of taking possession of the northern portion of NCRA’s assets.
- Require Caltrans to transfer all of the northern assets, right-of-way, and responsibilities to the GRTA by January 1, 2021.
- Create the GRTA and provide for its various duties and responsibilities, and specify the composition of its board of directors, which may be up to seven members, as specified.
- Require the GRTA to advise Caltrans on issues relating to railbanking and the creation and maintenance of a trail in, or next to, the right-of-way, upon four members joining the agency’s initial board. This provision would sunset on January 1, 2022.
- Require the GRTA to notify Caltrans it is ready to assume ownership of the right-of-way by January 1, 2021.
- Require GRTA to complete the railbanking process and create and maintain a trail in or next to the right-of-way, as specified, and authorize GRTA to contract with a trail manager or organization. GRTA would also be authorized to contract with an operator to operate freight or excursion rail service on the northernmost 16 miles of right-of-way.
- Authorize the SMART board to add an additional board member representing Mendocino County, if the County opts to participate.
- Authorize SMART to provide freight service by rail.
- Require SMART to consider the need and financing for employee workforce housing.
- Require SMART, upon appropriation of funds for these purposes, to conduct a freight rail study along the southern end of NCRA’s corridor, create or assign the positions of trail manager and freight rail manager, and report annually to the Legislature, as specified.
Staff Comments:
Staff notes that the author has requested $4.1 million in funding related to this bill in this year’s budget. This request would provide:
- $1 million for Caltrans to review right-of-way contracts on the northern segment, maintain and repair urgent major crossings, and begin environmental assessment work.
- $1 million for urgent projects on Black Point Bridge and the Highway 37 railroad crossing on the southern segment.
- $2.1 million for general maintenance on the southern segment ($1.1 million in 2018-19, and $1 million in 2019-20).
Staff notes that maintenance of track and bridges for safety and maintaining crossings is estimated at $1.6 million annually on the segment between Healdsburg and Willits.
In a recent presentation to the CTC, NCRA shared that the enterprise is having difficulty maintaining and expanding rail service, has never been self-sufficient, and is routinely unable to pay its obligations. The CTC requested that NCRA provide a business plan identifying potential responsible directions the Authority can implement to move forward, but the NCRA has yet to produce a plan that makes the business case for its existence. Given the uncertain future direction expressed by NCRA management, the CTC’s 2017 annual report includes a recommendation that it is in the best interests of the state to form a committee of stakeholders to oversee the development of a plan for NCRA’s future.
As noted above, the NCRA has received approximately $63 million in state funding for the purchase of right-of-way, rolling stock, equipment, and repairs for the line. Staff notes that NCRA is obligated to maintain the properties purchased with state funds specifically for public passenger or rail freight transportation purposes. According to CTC meeting notes, the NCRA, at its January 2018 meeting, considered entering into a long term lease to secure funding for its existence that would allow for non-transportation (passenger and freight rail) use of property acquired exclusively with state funds. Caltrans Legal Counsel, by letter to the NCRA Board, informed NCRA that the property considered for lease was secured exclusively with Clean Air and Transportation Improvement Act (Proposition 116) funds provided by the CTC through Caltrans and that execution of the Agreement by NCRA would trigger NCRA's duty to repay the state the proportionate funding by the state, 100% of fair market value. This raises the question of whether state funding would have to be repaid if a large part of NCRA’s right-of-way is converted to a dedicated trail network.
At a CTC meeting in January of this year, NCRA provided an overview of its Strategic Plan, following a request by commissioners to provide a business plan or shut down plan in 2017. The NCRA proposed to accomplish three key objectives:
- Railbank a 120 mile segment of right-of-way from Willits to South Fork, and receive funding in exchange for railbanking to be used to retire debt.
- Obtain dedicated funding to maintain necessary staffing and resources to manage the maintenance of portions that do not have freight service and are not railbanked.
- Work toward obtaining grant and private funding to complete phased improvements to restore freight service from Cloverdale to Willits and establish a freight belt line and tourist train around Humboldt Bay.
CTC indicated that the plan did not present sufficient information for the Legislature and other stakeholders to make informed decisions concerning the future of NCRA, noting specifically that plans for railbanking and establishing the freight belt line and tourist train around Humboldt Bay did not include information on cost, schedule, partnerships, and other requirements for maintaining a trail or constructing the proposed line around Humboldt Bay. Specifically, these plans did not include:
- Federal and state approvals required including the cost, schedule, and plan to obtain approvals.
- Environmental remediation necessary including the cost, barriers and timeline to remediate.
- Easements or other subordinated property interests that create a barrier in constructing and operating a trail.
- Funding source(s) secured or to be secured for implementation and operation.
- Responsibility for construction, maintenance and operation of the trail.
- Partnerships that must be formed or approvals required from federal, state, local and private stakeholders.
- Market analysis, projected costs/revenues, funds required to pay outstanding debts, likelihood of private funding, and identification of any state or federal subsidies that may be required to maintain and expand operations.
Staff notes that many of these same information deficiencies would be applicable to this bill.
-- END --
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Robert Hertzberg, Chair
2017 - 2018 Regular
Bill No: SB 1029 Hearing Date: April 24, 2018
Author: | |||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: North Coast Railroad Authority: right-of-way: Great Redwood Trail Agency: Sonoma-Marin Area Rail Transit District
BACKGROUND AND EXISTING LAW
Existing law:
- Establishes the North Coast Railroad Authority (NCRA) which encompasses the Counties of Humboldt, Mendocino, Sonoma, and Trinity to provide passenger and freight rail service to those counties.
- Establishes a governing Board of Directors and grants NCRA the authority to acquire real and personal property and operate passenger and freight rail services, as specified.
- Additionally provides NCRA financing authority to carry out the abovementioned duties.
- Establishes the California Department of Transportation (CalTrans) and the California Transportation Commission (CTC). CalTrans administers an “Active Transportation Program” to fund projects that promote active modes of transportation such as biking and walking.
- Within the Counties of Marin and Sonoma, existing law creates the Sonoma-Marin Area Rail Transit District (SMART) for potential freight and transit services and to operate and maintain a passenger rail system within its territory.
PROPOSED LAW
This bill:
- Makes legislative findings and declarations regarding the dissolution of NCRA and the creation of the Great Redwood Trail Agency (Agency). These findings set forth the desired result for a 142.5 mile long public trail. The trail is intended to be multi-use to include hiking, biking, and equestrian users to be determined by a broad community engagement process.
- Requires NCRA, before April 1, 2019, to transfer all its rights, privileges, and responsibilities, excluding any liabilities, debt, and/or contractual obligations relating to both its right-of-way and railroad assets south of the City of Willits to SMART.
- Requires NCRA, before April 1, 2019, to transfer all its rights, privileges, and responsibilities to its rights-of-way excluding any liabilities, debt, and/or contractual obligations north of the City of Willits to Caltrans.
- Specifies that upon completing the abovementioned transfers, NCRA is to be dissolved.
- Requires within two years of receiving the northbound portion of NCRA’s assets, Caltrans is to complete an inventory of all right-of-way parcels and/or contracts and an environmental assessment of right-of-way in its possession.
- Requires Caltrans to transfer all northbound assets, right-of-way, and responsibilities to the Agency before January 1, 2021.
- Requires SMART to conduct a freight rail study of the entire southern right-of-way.
- Creates the Agency and provides various duties and responsibilities. The Agency’s Board of Directors consists of two appointees from the governor knowledgeable about trails, parks, railroads, or rivers, one each representing the Natural Resources Agency and one representing CalTrans. There is also one Senate Rules appointee, and one Assembly Speaker appointee with the same qualifications regarding trails, parks, railroads, or rivers. The counties of Mendocino and Humboldt may (but are not required to) appoint one board member. There is also a provision for an as-of-yet undetermined entity to appoint one board member.
- When 4 members are appointed, the board is authorized to advise CalTrans on issues related to railbanking and the creation and maintenance of the trail. This provision sunsets on 1/1/22 whereupon the agency is supposed to be fully formed and functioning.
- Authorizes the agency to contract with a trail manager or other organization for various purposes.
- Obligates the agency to submit annual reports to the Legislature and provides it is subject to the Brown Act and the Public Records Act.
- Expands SMART to include freight service.
- Amends SMART’s board of directors to include the possibility (but not a requirement) for one member from the Mendocino County Board of Supervisors.
- Upon receipt of the NCRA rights and responsibilities of the southern portion of the railroad line, SMART shall conduct a freight study along the entire line, create or assign the positions of trail manager and freight rail manager, and report annually to the Legislature.
- Makes other conforming and technical changes.
ARGUMENTS IN SUPPORT
According to the author, the NCRA has had a troubled 50-year history that led him to the inescapable conclusion that freight rail is not financially viable on the large majority of this 300 mile long right-of-way. Preserving this historic ribbon of land and turning it into a world-class trail system is the best and highest use of the property and will benefit people of California for generations to come. Specifically, the incredible Eel River canyon, which has had very little human interference or contact, will be crown jewel of this trail, as it parallels the Eel River through wilderness and emerges into the redwoods of Humboldt County.
The author also stated that the railroad right of way runs through 5 of the 7 counties in his district, and the new trail will be a significant economic driver for many rural communities in northern California.
Several conservation groups, Sonoma County Regional Parks, and the California Transportation Commission (in concept) support the outdoor recreational opportunities presented by this bill.
Additionally, the CTC’s letter indicted that the NCRA management acknowledged last year that it was having difficulty maintaining and expanding rail service, has never been self-sufficient, and was routinely unable to pay its obligations. It also faulted NCRA for failing to develop an adequate strategic plan that contained adequate information on its financial position, debt obligations, market analysis, expected benefits, funding partners, accountability, or performance metrics and other factors needed to make a business case for NCRA to become operationally viable.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
One letter of concern asked about plans for dealing with trash, public safety, poaching, illegal marijuana grows, etc. Staff mentions this simply to suggest to the author that these issues should be considered going forward.
Another support letter called attention to the issue of unresolved pollution cleanup sites which apparently are the subject of a 1999 consent decree.
The Committee may wish to know that as the bill moves forward, the author is in talks with various entities regarding the liabilities of the NCRA, and some resolution of those debts may be expected at a later date.
The bill has intent language pertaining to the California Environmental Quality Act (CEQA) which is non-substantive and states that CEQA should apply to any successor agency of the NCRA to the extent indicated by a lawsuit brought against NCRA. Any public agency that succeeds NCRA is already subject to CEQA so the author may consider this provision unnecessary. (Amendment 1).
The bill’s requirement for a freight study should not be along the whole route but instead from Willits to the southern terminus. (Amendment 2).
SUGGESTED AMENDMENTS
AMENDMENT 1
Delete on p. 4, all of subdivision (j).
AMENDMENT 2
Page 11, line 34, limit the freight study from milepost 0.0 to milepost 142.5.
SUPPORT
Alta Planning + Design
California Transportation Commission
Friends of the Eel River
Humboldt Trails Council
Save the Redwoods League
Sonoma County Regional Parks
Wildlands Conservancy
OPPOSITION
None Received
-- END --
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: Hearing Date: April 10, 2018
Author: | McGuire | ||
Version: | 4/5/2018 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Manny Leon | ||
SUBJECT:
DIGEST: This bill dissolves the North Coast Railroad Authority (NCRA) and further establishes the Great Redwood Trail Agency (Agency), as specified.
ANALYSIS:
NCRA was formed in 1989 by the Legislature under the North Coast Railroad Authority Act. At that time, the Act was intended to ensure continuation of railroad service in Northwestern California and envisioned the railroad playing a significant role in the transportation infrastructure serving a part of the State that faced transportation challenges due to restricted access and limited transport options. The approximate 300 mile rail line is broken down into two divisions: the Russian River Division (from Lombard in Napa County to Willits in Mendocino County) and the Eel River Division (north of Willits to Samoa in Humboldt County.)
From 1991 through 2008 the California Transportation Commission (CTC) provided NCRA with an estimated $63 million through various programs to be used for purchasing right-of-way, rolling stock, equipment, and making repairs on the rail line. Additionally, in 2006, NCRA entered into an agreement with the Northwestern Pacific Railroad Company (NWPCo) to operate service on the NCRA rail line. Currently, NWPCo is the exclusive contract freight operator for NCRA. NWPCo runs minimal and limited freight rail service, operating up to two trains a week with several cars on each run, from the Lombard Interchange into Windsor California, approximately 62 miles in distance.
Since its inception, NCRA has struggled to secure stable and/or ongoing funding sources and also struggled to provide adequate service along the rail line. In June of 2017, NCRA testified at a CTC hearing where NCRA representatives informed Commissioners that NCRA has never been financially self-sufficient, operates with an annual loss, is routinely unable to pay its obligations, and possesses debts due to legal fees from environmental lawsuits. NCRA further testified that the Authority was having difficulty maintaining and expanding rail service and that they were in the process of selling excess property to pay its debt obligations. Overall, NCRA does not generate substantial revenue from its operating contract with NWPCo to cover the Authority’s expenditures. Additionally, since 2011, NCRA has annually held anywhere from an estimated $10.6 million to $7 million in debt obligations while simultaneously operating with significant cash flow constraints.
Existing law:
- Establishes the NCRA which encompasses the Counties of Humboldt, Mendocino, Sonoma, and Trinity to provide passenger and freight rail service to those counties.
- Further establishes a governing Board of Directors and grants NCRA the authority to acquire real and personal property and operate passenger and freight rail services, as specified.
- Additionally provides NCRA financing authority to carry out the abovementioned duties.
This bill:
- Makes legislative findings and declarations regarding the dissolving of NCRA and the creation of the Great Redwood Trail Agency.
- Requires NCRA, before April 1, 2019, to transfer all its rights, privileges, and responsibilities, excluding any liabilities, debt, and/or contractual obligations relating to both its right-of-way and railroad assets south of the City of Willits to an unspecified entity.
- Requires NCRA, before April 1, 2019, to transfer all its rights, privileges, and responsibilities to its rights-of-way excluding any liabilities, debt, and/or contractual obligations north of the City of Willits to Caltrans.
- Specifies that upon completing the abovementioned transfers, NCRA is to be dissolved.
- Requires within two years of receiving the northbound portion of NCRA’s assets, Caltrans is to complete an inventory of all right-of-way parcels and/or contracts and an environmental assessment of right-of-way in its possession.
- Requires Caltrans to transfer all northbound assets, right-of-way, and responsibilities to the Agency before January 1, 2021.
- Requires the unspecified entity that acquires the southbound portion to conduct a freight rail study of the entire southern right-of-way.
- Creates the Agency and provides various duties and responsibilities. Further provides appointment directives to the Agency’s Board of Directors.
COMMENTS
- Purpose. According to the author, “after months of meetings with rail leaders, elected officials, state agencies, residents and trail advocates, we are ready to present SB 1029 — The Great Redwood Trail Act — a bill that establishes the process to create a magnificent 300 mile long hiking/biking/riding trail that would eventually connect San Francisco and Humboldt Bays. The bill also permits freight rail to continue where it is currently active and allows for excursion and freight rail traffic around Humboldt Bay. The Trail will be a significant economic driver for our region, as it will promote active tourism through five of the seven counties in my district.”
- Next steps. This bill proposes to dissolve NCRA and essentially split the rail line in the City of Willits with the northern portion first being transferred to Caltrans and ultimately to the newly-created Great Redwood Trail Agency and the southern portion being transferred to an unspecified entity. While not specified in the bill, the author notes that one possible option for the southern portion could be to expand or increase either freight or passenger rail service along the corridor. On the other hand, the northern portion is clearly designated to be developed as a trails system to be managed by the Agency.
- Who pays? This bill proposes to transfer all of NCRA’s rights, privileges, and responsibilities to Caltrans (northern portion) and an unspecified entity (southern portion) and explicitly states any of NCRA’s preexisting liabilities related to debts, litigation, or contractual obligations are excluded in the process of dissolving NCRA. As mentioned, it’s been well documented that NCRA holds significant debts due to its inability to generate revenue and legal expenses. It’s also been well documented that portions of NCRA’s rail corridor are in extremely poor condition and are in environmentally sensitive areas of the Eel River (see Friends of the Eel River v. North Coast Railroad Authority.) At this time, in the bill’s current form, it’s unclear who will be obligated to resolve NCRA’s financial liabilities once dissolved. Thus, with the transferring of the northbound portion to Caltrans, one possibility is that the state may potentially be responsible to pay down debt obligations and for environmental cleanup which will cost in the millions. As result, the author may wish to consider clarifying which entities will be responsible for closing out NCRA’s existing debts and liabilities.
- Timeline. This bill requires NCRA to transfer all assets and responsibilities and further dissolve by April 1, 2019. Specifically for the northbound portion, the bill requires Caltrans to inventory and also complete an environmental assessment of all acquired property within two years. The bill further requires the northbound assets to be transferred from Caltrans to Agency no later than January 1, 2021, in turn, realistically only providing Caltrans approximately 18 months to inventory and conduct an environmental assessment on the roughly 158 mile northbound portion. With the bill not specifically defining what an “environmental assessment” will encompass, 18 months may not prove sufficient time for Caltrans to complete the bill’s requirements. As a result, the author may wish to consider adjusting the timeline to allow Caltrans to successfully complete the requirements specified in this bill.
- Work in progress. The author notes that due to a number of factors including financial liabilities and geographic regions, this proposal is and will continue to be a work in progress. In order to resolve many of the complex policy issues associated with dissolving NCRA (including the matters raised in this analysis) the author is committed to working with stakeholders if the bill is to move forward to ensure the proper policy framework is in place to allow for the successful transfer of all assets and liabilities to the appropriate entities along with properly forming the Great Redwood Tail Agency.
- Double referral. This bill was also referred to the Senate Natural Resources and Water committee where it will be heard next if passed out of this committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 4, 2018.)
SUPPORT:
California Transportation Commission (In concept)
Humboldt Trails Council
11 Individuals
OPPOSITION:
None received.
-- END --
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: SB 1029 Hearing Date: April 10, 2018
Author: | McGuire | ||
Version: | 4/5/2018 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Manny Leon | ||
SUBJECT: North Coast Railroad Authority: right-of-way: Great Redwood Trail Agency
DIGEST: This bill dissolves the North Coast Railroad Authority (NCRA) and further establishes the Great Redwood Tail Agency (Agency), as specified.
ANALYSIS:
NCRA was formed in 1989 by the Legislature under the North Coast Railroad Authority Act. At that time, the Act was intended to ensure continuation of railroad service in Northwestern California and envisioned the railroad playing a significant role in the transportation infrastructure serving a part of the State that faced transportation challenges due to restricted access and limited transport options. The approximate 300 mile rail line is broken down into two divisions: the Russian River Division (from Lombard in Napa County to Willits in Mendocino County) and the Eel River Division (north of Willits to Samoa in Humboldt County.)
From 1991 through 2008 the California Transportation Commission (CTC) provided NCRA with an estimated $63 million through various programs to be used for purchasing right-of-way, rolling stock, equipment, and making repairs on the rail line. Additionally, in 2006, NCRA entered into an agreement with the Northwestern Pacific Railroad Company (NWPCo) to operate service on the NCRA rail line. Currently, NWPCo is the exclusive contract freight operator for NCRA. NWPCo runs minimal and limited freight rail service, operating up to two trains a week with several cars on each run, from the Lombard Interchange into Windsor California, approximately 62 miles in distance.
Since its inception, NCRA has struggled to secure stable and/or ongoing funding sources and also struggled to provide adequate service along the rail line. In June of 2017, NCRA testified at a CTC hearing where NCRA representatives informed Commissioners that NCRA has never been financially self-sufficient, operates with an annual loss, is routinely unable to pay its obligations, and possesses debts due to legal fees from environmental lawsuits. NCRA further testified that the Authority was having difficulty maintaining and expanding rail service and that they were in the process of selling excess property to pay its debt obligations. Overall, NCRA does not generate substantial revenue from its operating contract with NWPCo to cover the Authority’s expenditures. Additionally, since 2011, NCRA has annually held anywhere from an estimated $10.6 million to $7 million in debt obligations while simultaneously operating with significant cash flow constraints.
Existing law:
- Establishes the NCRA which encompasses the Counties of Humboldt, Mendocino, Sonoma, and Trinity to provide passenger and freight rail service to those counties.
- Further establishes a governing Board of Directors and grants NCRA the authority to acquire real and personal property and operate passenger and freight rail services, as specified.
- Additionally provides NCRA financing authority to carry out the abovementioned duties.
This bill:
- Makes legislative findings and declarations regarding the dissolving of NCRA and the creation of the Great Redwood Trail Agency.
- Requires NCRA, before April 1, 2019, to transfer all its rights, privileges, and responsibilities, excluding any liabilities, debt, and/or contractual obligations relating to both its right-of-way and railroad assets south of the City of Willits to an unspecified entity.
- Requires NCRA, before April 1, 2019, to transfer all its rights, privileges, and responsibilities to its rights-of-way excluding any liabilities, debt, and/or contractual obligations north of the City of Willits to Caltrans.
- Specifies that upon completing the abovementioned transfers, NCRA is to be dissolved.
- Requires within two years of receiving the northbound portion of NCRA’s assets, Caltrans is to complete an inventory of all right-of-way parcels and/or contracts and an environmental assessment of right-of-way in its possession.
- Requires Caltrans to transfer all northbound assets, right-of-way, and responsibilities to the Agency before January 1, 2021.
- Requires the unspecified entity that acquires the southbound portion to conduct a freight rail study of the entire southern right-of-way.
- Creates the Agency and provides various duties and responsibilities. Further provides appointment directives to the Agency’s Board of Directors.
COMMENTS
- Purpose. According to the author, “after months of meetings with rail leaders, elected officials, state agencies, residents and trail advocates, we are ready to present SB 1029 — The Great Redwood Trail Act — a bill that establishes the process to create a magnificent 300 mile long hiking/biking/riding trail that would eventually connect San Francisco and Humboldt Bays. The bill also permits freight rail to continue where it is currently active and allows for excursion and freight rail traffic around Humboldt Bay. The Trail will be a significant economic driver for our region, as it will promote active tourism through five of the seven counties in my district.”
- Next steps. This bill proposes to dissolve NCRA and essentially split the rail line in the City of Willits with the northern portion first being transferred to Caltrans and ultimately to the newly-created Great Redwood Trail Agency and the southern portion being transferred to an unspecified entity. While not specified in the bill, the author notes that one possible option for the southern portion could be to expand or increase either freight or passenger rail service along the corridor. On the other hand, the northern portion is clearly designated to be developed as a trails system to be managed by the Agency.
- Who pays? This bill proposes to transfer all of NCRA’s rights, privileges, and responsibilities to Caltrans (northern portion) and an unspecified entity (southern portion) and explicitly states any of NCRA’s preexisting liabilities related to debts, litigation, or contractual obligations are excluded in the process of dissolving NCRA. As mentioned, it’s been well documented that NCRA holds significant debts due to its inability to generate revenue and legal expenses. It’s also been well documented that portions of NCRA’s rail corridor are in extremely poor condition and are in environmentally sensitive areas of the Eel River (see Friends of the Eel River v. North Coast Railroad Authority.) At this time, in the bill’s current form, it’s unclear who will be obligated to resolve NCRA’s financial liabilities once dissolved. Thus, with the transferring of the northbound portion to Caltrans, one possibility is that the state may potentially be responsible to pay down debt obligations and for environmental cleanup which will cost in the millions. As result, the author may wish to consider clarifying which entities will be responsible for closing out NCRA’s existing debts and liabilities.
- Timeline. This bill requires NCRA to transfer all assets and responsibilities and further dissolve by April 1, 2019. Specifically for the northbound portion, the bill requires Caltrans to inventory and also complete an environmental assessment of all acquired property within two years. The bill further requires the northbound assets to be transferred from Caltrans to Agency no later than January 1, 2021, in turn, realistically only providing Caltrans approximately 18 months to inventory and conduct an environmental assessment on the roughly 158 mile northbound portion. With the bill not specifically defining what an “environmental assessment” will encompass, 18 months may not prove sufficient time for Caltrans to complete the bill’s requirements. As a result, the author may wish to consider adjusting the timeline to allow Caltrans to successfully complete the requirements specified in this bill.
- Work in progress. The author notes that due to a number of factors including financial liabilities and geographic regions, this proposal is and will continue to be a work in progress. In order to resolve many of the complex policy issues associated with dissolving NCRA (including the matters raised in this analysis) the author is committed to working with stakeholders if the bill is to move forward to ensure the proper policy framework is in place to allow for the successful transfer of all assets and liabilities to the appropriate entities along with properly forming the Great Redwood Tail Agency.
- Double referral. This bill was also referred to the Senate Natural Resources and Water committee where it will be heard next if passed out of this committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 4, 2018.)
SUPPORT:
California Transportation Commission (In concept)
Humboldt Trails Council
11 Individuals
OPPOSITION:
None received.
-- END --
Discussed in Hearing
2MIN
Senate Floor
2MIN
Assembly Floor
1MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
3MIN
Senate Floor
13MIN
Senate Standing Committee on Appropriations
3MIN
Senate Standing Committee on Natural Resources and Water
15MIN
Senate Standing Committee on Transportation and Housing
Bill Author
Bill Co-Author(s):