SB 1425: High-Speed Rail Authority: property: operating right-of-way.

The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties, including the power to acquire rights-of-way through purchase or eminent domain, as specified.

This bill would establish a permit program, administered by the authority, for encroachments on the authoritys rights-of-way. operating right-of-way. The bill would make any person who installs or performs an encroachment within the authoritys operating right-of-way, without a permit, guilty of a misdemeanor. misdemeanor, except as provided. The bill would also make any person who willfully damages any feature of the high-speed train system or any portion of the authoritys operating right-of-way guilty of a misdemeanor. The bill would provide for civil penalties for specified categories of encroachment and, unless authorized by law or an encroachment permit, would make it unlawful to manage water flows in certain ways that impact the high-speed train system or the authoritys operating right-of-way, as specified. The bill would authorize the authority or the Attorney General to recover these civil penalties. The bill would require all moneys, including moneys from permit fees and civil penalties, collected pursuant to its provisions to be deposited into the High-Speed Rail Property Fund, except for the award of any reasonable attorneys fees and costs provided to the recovering agency to recoup the cost of litigation, as provided. The bill would, upon appropriation by the Legislature, make the penalty moneys available to the authority for use in the development, improvement, and maintenance of the high-speed rail system, and the other moneys in the fund available for administering these provisions.

By creating new crimes, this bill 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 no reimbursement is required by this act for a specified reason.