2007 California Public Utilities Code Chapter 3. Responsibilities Of The Authority

CA Codes (puc:185030-185038)

185030.  The authority shall direct the development and
implementation of intercity high-speed rail service that is fully
integrated with the state's existing intercity rail and bus network,
consisting of interlinked conventional and high-speed rail lines and
associated feeder buses.  The intercity network in turn shall be
fully coordinated and connected with commuter rail lines and urban
rail transit lines developed by local agencies, as well as other
transit services, through the use of common station facilities
whenever possible.


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


185033.  The authority shall prepare, publish, and submit to the
Legislature, not later than September 1, 2008, a revised business
plan that identifies all of the following: the type of service it
anticipates it will develop, such as local, express, commuter,
regional, or interregional; a description of the primary benefits the
system will provide; a forecast of the anticipated patronage,
operating costs, and capital costs for the system; an estimate and
description of the total anticipated federal, state, local, and other
funds the authority intends to access to fund the construction and
operation of the system; and the proposed chronology for the
construction of the eligible corridors of the statewide high-speed
train system. The revised business plan shall also include a
discussion of all reasonably foreseeable risks the project may
encounter, including, but not limited to, risks associated with the
project's finances, patronage, construction, equipment, and
technology, and other risks associated with the project's
development. The plan shall describe the authority's strategies,
processes, or other actions it intends to utilize to manage those
risks.


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



185035.  (a) The authority shall establish an independent peer
review group for the purpose of reviewing the planning, engineering,
financing, and other elements of the authority's plans and issuing an
analysis of appropriateness and accuracy of the authority's
assumptions and an analysis of the viability of the authority's
financing plan, including the funding plan for each corridor required
pursuant to subdivision (b) of Section 2704.08 of the Streets and
Highways Code.
   (b) The peer review group shall include all of the following:
   (1) Two individuals with experience in the construction or
operation of high-speed trains in Europe, Asia, or both, designated
by the Treasurer.
   (2) Two individuals, one with experience in engineering and
construction of high-speed trains and one with experience in project
finance, designated by the Controller.
   (3) One representative from a financial services or financial
consulting firm who shall not have been a contractor or subcontractor
of the authority for the previous three years, designated by the
Director of Finance.
   (4) One representative with experience in environmental planning,
designated by the Secretary of Business, Transportation and Housing.

   (5) Two expert representatives from agencies providing intercity
or commuter passenger train services in California, designated by the
Secretary of Business, Transportation and Housing.
   (c) The peer review group shall evaluate the authority's funding
plans and prepare its independent judgment as to the feasibility and
reasonableness of the plans, appropriateness of assumptions,
analyses, and estimates, and any other observations or evaluations it
deems necessary.
   (d) The authority shall provide the peer review group any and all
information that the peer review group may request to carry out its
responsibilities.
   (e) The peer review group shall report its findings and
conclusions to the Legislature no later than 60 days after receiving
the plans.



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



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



185038.  Any legal or equitable action brought against the authority
shall be brought in a court of competent jurisdiction in the County
of Sacramento.  For purposes of this section, subdivision (1) of
Section 401 of the Code of Civil Procedure does not apply.