Eco News does story on Marks for Harbor Commissioner.

Great article by Eco News. I am humbled by their portrayal of me.

Richard may not be what you think of when you picture an environmentalist. For nearly 30 years, Richard was a heavy equipment operator at the Samoa Pulp Mill. He was also a union organizer for the Association of Western Pulp and Paper Workers and President of Local 49. But he is also a deep lover of Humboldt Bay and has been one of its most important champions. Richard is a Kin to the Earth.

After working for years next to Humboldt Bay at the mill, Richard shifted to working on behalf of the Bay. First elected to the Humboldt Bay Harbor, Recreation, and Conservation District in 2009, Richard now serves as Chairman of the Board. In his work on behalf of the Harbor District, Richard safeguards the bay. Most notably, Richard was instrumental in the cleanup of his former place of employment.

First, the Harbor District purchased the mill site and three million gallons of caustic liquors stored onsite. The liquors, once used to break down wood chips into pulp, were stored in old, rusting tanks—so rusty that rainwater leaked in, slowly filling up the containers until they were ready to burst. The threat was so real that once the EPA saw the problem, they made cleanup of the site its top priority. With overflowing, corroding tanks, time was of the essence. Next, the Harbor District coordinated a massive cleanup with the EPA—700 trucks, each hauling 2,500 gallons, carried away the hazardous chemicals to be safely reused by another pulp plant in Longview, Washington. Richard takes no greater pride than knowing that the harbor is healthy.

According to Jennifer Kalt of Humboldt Baykeeper, “the acquisition of the former pulp mill was a risky proposition. But Richard was so determined that he was clearly not going to take no for an answer, and the District bravely plowed ahead where no other government agency dared to tread.”

The Harbor District is working on additional cleanups of contaminated soil and debris and rehabilitating old mill buildings for a modern business park. On top of the renovated buildings is a massive solar array—the largest in the county—able to power 750 kilowatts. Already 18 businesses have taken up residence in the old mill, helping to generate income for the Harbor District. Once near bankruptcy, Richard and company have brought the District back to financial solvency. “Cleaning up the former pulp mill site is one of the Harbor District’s greatest achievements,” said Surfrider Foundation’s Jennifer Savage. “But it’s only one of a long list of ways in which Richard made the Harbor District better.”

Richard just went through a tough reelection fight but emerged with a decisive victory, taking home some 62 percent of the vote. (This was especially comforting, as Richard’s opponent ran against the Harbor District’s cleanup work.) Richard put a lot of miles in, knocking on doors in the past election. By his count, he totaled over 3,000 doors. And he did it in fashion, rocking pink and robin’s egg blue sneakers.

Reflective of his dual nature—both salt of the earth union organizer and beloved environmentalist—Richard’s campaign endorsements were a study in contrasts. Both Mike Wilson (a bleeding heart liberal, in my words) and Greg Dale (a “conservative Republican,” in his words) sing Richard’s praises.

Says Dale, “Richard Marks is one of the best public servants I’ve ever had the pleasure of interacting with.  He not only listens to all sides of an issue, from all parties, he follows up by educating himself and others on the issue before making a decision. His genuine good will, honesty, professionalism and pleasant demeanor come through in all circumstances and through his influence, makes us all better humans. I’m proud to call him a mentor and friend.”

When Richard isn’t saving the bay, he’s probably playing (or writing about) softball. Richard is the President of the Mad River Softball Association. He even maintains a blog samoasoftball.blogspot.com—where he writes about the local leagues (and local politics, food reviews, rankings of worst bands, and a random smattering of other things that
strike his fancy).

Fastest Sea Level Rise on west coast happening on Samoa Peninsula!

Students from Humboldt States Environmental Science Department did a presentation on Sea Level rise at the Samoa Peninsula Fire Hall on Saturday December 9th in Fairhaven. They used best available science to come to their conclusions. Between Global warming and the affects of our local subduction-zone issues, the Samoa Peninsula water table is rising 4.73 milliliters a year or for you old timers like me, .186 inches a year. That is the fastest sea level rise rate on the entire west coast! This will cause havoc to ground water tables and lead to septic tank failures that are imminent in Fairhaven and will cause pollution to our bay.

Currently there are 181 parcels in the town of Fairhaven and 63 homes. There are 180 residents living at about 10 ft above sea level. The Wiyot tribe used to occupy this area until the property was bought by George Fay in 1875. The unincorporated town was formerly named Rolph after California Governor James Rolph.  The town had more than 500 timber industry jobs in its past doing plywood and pulp production. There are currently about 100 jobs providing newsprint, soil and other niche businesses.

A newly formed Community Service District for the Peninsula will provide water services, delivery of power, Sewage service and a Parks and Recreation department. Currently the Samoa Peninsula Fire District is looking for financing a creation of a emergency tsunami evacuation Berm in Fairhaven for the safety of the residents and the current workers.

Solutions to issues to shoreline loss could be soil replenishment through dredge spoils if the correct sand grain size matches up with the current habitat. This would have to be a long term goal as permitting and actual dredging seems onerous all around the bay. Other thoughts are retreating and letting nature take the lead. Nourish replenishment included with new sand to form a living shoreline was brought up, as well as wooden fences designs to capture sand during wind storm events. HSU is also hoping to do more studies for solutions in the future.

Hope you found this information useful.

Thank you Humboldt County!

I would like to take this opportunity to thank the Humboldt County voters of the 4^th Division for voting Richard Marks for Harbor Commissioner.  A special thanks to the over 300 residents that allowed me to share their lawns with sign placements and to the over 100 small donation contributors to my campaign.

I have been so fortunate to have had the endorsement of our highest legislative representative’s, Congressman Jared Huffman, Senator Mike McGuire and Assemblyman Jim Wood.  Thanks also to Humboldt County Supervisors Mike Wilson and Virginia Bass and Supervisor elect Steve Madrone.

To my button maker and friend Auditor Controller Karen Paz Dominguez, “Ok, we have enough buttons now!” 

Much gratitude to current Eureka Mayor Frank Jager and other conservative community elected members that endorsed me for my record and our friendships that transcend political party politics.

Thanks to former Eureka Mayor Peter LaVallee and congratulations to incoming Eureka Mayor Susan Seaman and Councilpersons Natalie Arroyo, Kim Bergel and Leslie Castellano. And thanks to Councilperson Austin Allison. I much appreciated your support.

I have been so blessed to have the continued support of my fellow Harbor Commissioners Pat Higgins, Greg Dale and Stephen Kullman. Keep doing what you do for the Harbor.

Thank you to my former fellow directors on the Samoa Peninsula Fire District, Chief Dale Unea, Troy Nicolini, Hal Grotke and Lia Stoffers for their support and for keeping the Samoa Peninsula safe!

A shout out to volunteers Nick Thomas, Bill Cook, Cody Johns, Crescent City Councilman Alex Fallman, Ciara Emery and  Sandy Farrell for canvassing the streets of Eureka with me to get the message out about our campaign.  And thanks to Arcata City Councilman Brett Watson for the logistic support that was invaluable.

For the wonderful “Fish Fry by the Sea” event, thank you to former 1^st Division Harbor Commissioner Aaron Newman, Leroy Zerlang and the Dale families and friends. People are still talking about the great food!

I can’t say enough about the former elected officeholders that endorsed my campaign, Senator Wesley Chesbro, State Assembly member Patty Berg, Fourth District Supervisor Bonnie Neely, Third District Supervisors Julie Fulkerson and John Woolley, Eureka City Councilpersons Linda Adkin and Larry Glass and Arcata City Councilperson Alex Stillman. 

Thanks to the Humboldt County Democratic Central Committee, Humboldt Progressive Democrats, North Coast People Alliance, Green Party of Humboldt County, Humboldt State College Democrats, and the Sierra club.

To my union brothers and sisters who helped finance and make my election viable, I am truly grateful to Humboldt/ Del Norte Central Labor Council, Building and Trades Council, Operating Engineers local 3, United Brotherhood of Carpenters 751, International  Brotherhood of  Electrical Workers 551, American Federation of State, County, and Municipal Employees (AFSCME) 1684, The International Association of Heat and Frost Insulators & Allied Workers local 16, the Laborers International Union of North America and the many other labor organizations.  “United we Bargain, Divided we beg!”

To my ever patient lifelong partner Robin, I love you and can’t begin to say how much I appreciate you.

Thank you to my opponent Marian Brady for running a fair campaign. We share many of the same visions for harbor growth, but just respectfully disagree how to get there.

Humboldt County, It has been an honor to represent the 4^th Division for the last nine years and I am looking forward to continued success for the future.  

If anybody out there has some spare change to donate to my campaign debt, please sent to Marks for Harbor Commissioner 2018 at PO Box 184 Samoa, Ca 95564 or go to my website at voterichardmarks.org. It will be much appreciated. 

Door knockers welcomed. Marks for Harbor Commissioner.

If you have never had the opportunity to knock doors for a political campaign in this area, here is your chance. I will be out and about in the 4th Division/District and I will set you up with partners, (might even be me) at 1pm tomorrow, Saturday November 3rd. Should only take a few hours. Either message me on facebook or text me at 707-496-9043. Only a few days to go!

Huffman, McGuire and Wood Endorse Richard Marks for Harbor District

Eureka, CA –Congressman Jared Huffman, State Senator Mike McGuire and Assemblyman Jim Wood have endorsed Richard Marks’ re-election to the Humboldt Bay Harbor, Recreation, and Conservation District, Division 4.

“I am proud to receive the endorsements of our top three legislative leaders for the North Coast,” said Marks. “I am grateful for their partnerships in working with the Harbor District on the Pulp Mill clean up, keeping our shipping channels dredged and supporting our fishermen and oyster growers. They have been strong voices advocating for our Humboldt Bay community.”

Hey Eureka! You are OK! Thank you!

I was walking and knocking doors is Eureka today and I was thinking about all of the campaigns I have have canvassed in Washington, Oregon, Idaho, Utah and all over California. I knocked on a person's door today and had a pleasant conversation and when I was leaving they said, "Come back again when it is not election season!" I have probably knocked more doors in Eureka and surrounding areas than any other person besides a mail delivery person. There is one common thread to all of the people, Eureka people are courteous and welcoming! I think all of the campaigns in the Eureka area this election cycle see the same thing. Eureka is a great place with positive people! So don't get discouraged with people giving the town a bad rap, Eureka is not all that bad!

Nice LTE from Jack Crider. Many thanks.

Jack and Shawn Crider

True leadership is rare these days as it takes time, dedication and the ability to listen, learn and follow your heart to do the right thing. Richard Marks is that kind of leader and Humboldt Bay and Humboldt County is very lucky to have him.
I’ve been port director for three ports over a span of 25 years, two in Oregon and Humboldt Bay Harbor District. I worked directly under more than 20 elected port commissioners.

Commissioner Marks is a great mentor who provided me with guidance and was always available. Richard attended every meeting and event. He was dedicated to the weekly administrative duties, such as reviewing information and contracts. His availability was critical to the success of the operation and greatly appreciated by all of Humboldt Bay’s staff.

Commissioner Richard Marks’ advice on local politics was critical to me and his ability to remain calm under pressure, listen and address his constituents was always impressive. Richard’s demonstrated his leadership skills many times during difficult meetings and had the ability to gain consensus and provide guidance to staff.

Cleanup of the Samoa Pulp Mill and the zoning changes that allowed for all the new businesses and jobs on the peninsula would not have happened without Richard’s leadership.

For the future of Humboldt Bay, Humboldt County and the harbor district, please vote for Richard Marks, he is one of the best port commissioners I’ve ever worked for.

Jack Crider, Former Executive Director of the Humboldt Bay Harbor, Recreation and Conservation District

Richard's Fish Fry by the sea!

If you have never had the chance to see the Samoa Women's Club and witness a sunset, come by and check out this event. 

Marks for Harbor Commissioner announcement. Please come by Wednesday at noon!

P R E S S  R E L E A S E

For Immediate Release, September 27, 2018

Richard Marks Announces Re-Election Campaign for Harbor District Commissioner

Contact: Richard Marks, (707) 496-9043, voterichardmarks@gmail.com

Eureka, Calif.—Richard Marks, current Commissioner on the Humboldt Bay Harbor, Recreation, and Conservation District, Division 4, will announce his re-election campaign at a campaign rally on Wednesday, October 3 at noon (12 p.m.) at the Madaket Plaza on Eureka’s waterfront. The campaign announcement will feature speeches by Richard as well as 3^rdDistrict Supervisor Mike Wilson, 2^nd Division Harbor Commissioner Greg Dale and Eureka Major Frank Jager.

“I am running for re-election to continue to bring real economic balance and environmental stewardship to the District,” said Marks. “I am proud of the vision and accomplishments of my hardworking fellow commissioners—from cleaning up three million gallons of toxic liquors at the Samoa Pulp Mill to increasing ship tonnage volume by over 100,000 tons this last year—and I look forward to continuing the momentum, moving Humboldt Bay ahead both economically and environmentally.”

All are welcome to attend and find out ways to get involved with the campaign over the closing

stretch. Learn more about Richard by visiting https://www.voterichardmarks.org/.

I have the endorsements of the Humboldt County Democratic Central Committee, Humboldt Progressive Democrats, North Coast People Alliance, Humboldt County Green Party and local leaders in the Democratic, Green and Republican parties. 

Oh Man, I am going all political on you!

I hope to return to the sports and burger assessments soon, but I am being taken to task for this decision to have caustic liquors taken from the old pulp mill site and sending the chemicals to be re purposed in Longview, Washington. Over 700 truck loads and no spills or emergencies! This helped take an eminent danger to the bay and created a "clean" piece of property.

Please check out "Richard Marks for Harbor District 2018". Now go have a great day!

Honeydewds and Arcata Tire/Murphy's win "A" and "B" MRSA Divisions.

Honeydewds softball club slipped by Ironside 6-3 to win the 2018 Mad River Softball Association "A" Division.

Arcata Tire/Murphy's were seeded 9th but ran the table and beat Redwood Coast Fuel 7-2 for the Championship of the "B" Division. 

It was a great, competitive year for the upper divisions this year. All went smooth and let's hope for the same next year!

Senior softball gets press!

KIEM came out and did a story on Senior Softball. It was fun.

Arcata Softball still alive! EXGOINGTOGIVEITTOYA wins tourney.

EXGOINGTOGIVEITTOYA! Beat the Free Agent "Dom Squad" 10-2 to win the Samoa Athletic Club Invitational.

The "Dom Squad" was able overcome a 4 hit with HR performance by Toye Johnson of CJ's to squeak by 13-11 to advance to the Championship game. Jake went 5-6 to lead the "Dom Squad."

In the Home Run Contest, Les Charter and Jesse Homen tied with 4 out 5 hits HR's. Jesse Homen went 3 out of 5 to win the contest of over 20 contestants and win over $100. Toye Johnson hit the top of the Arcata Community center over 400 Ft away for the Longest HR in the contest.

Should we have another tourney before September?

Richard Marks for Harbor Commissioner Division 4.

Looks like I have an opponent for my Harbor Commission seat. Below is my Campaign Statement.

STATEMENT OF CANDIDATE FOR COMMISSIONER

HUMBOLDT BAY HARBOR, RECREATION & CONSERVATION DISTRICT

DIVISION FOUR

Richard Marks                                                                      Age: 61

Occupation:  Commissioner, Humboldt Bay Division 4

I am running for re-election to continue to bring real economic balance and environmental stewardship to the district.

From an economic development and job creation perspective the district has been on a path of growth. This commission continues to be successful in working with our elected representatives at the state and congressional levels to lobby the Army Corps of Engineers for the continued dredging of Humboldt Bay even through lean years – ship traffic wise.

This commission successfully acquired the former Evergreen Pulp Mill with its many assets, including a commercial dock, needed warehousing, ocean outfall and other infrastructure that would have cost tens of millions to replace.  The Harbor District successfully worked with the EPA to safely remove nearly 3 million gallons of caustic chemicals to be repurposed at another pulp mill in Washington.

The Harbor Commission continues to support the fish cleaning station at Shelter Cove and has made many environmental improvements, including repairing the breakwater structure protecting the harbor.

The District has never been more transparent and accessible. I look forward to continuing that momentum.

Richard Marks 4th Division Commissioner

Humboldt Bay Harbor, Recreation and Conservation District

Softball August 11th in Arcata!

Please help get the word out! $10 per player at the Arcata Community Center.

5 Worst rock bands of all time! Yucky awards!

My least favorite rock bands starting from #5 and working to #1.

5. Eagles- Hotel California just does nothing for me. Period. I cant tell you why. is the only song of theirs I can listen to.

4. The Knack- When Robin and I were first married we had these neighbors in Myrtletowne that played "My Sharona" day and night. Drove me nuts. Right next to them was another of our neighbors that played music and was on tour with Rush in 1978. Pretty cool.

3. Hall and Oates- "I cant go for that" or anything else they do. They are a consistent yucky.

2. Boston- This is more than a feeling, Man, when Boston came out in the 70's I thought they were going to be the greatest of all time. After decades they grate on me more than any band. And you too I suppose.

1. Steve Miller Band- Joker, Keep on Rocking me, Jet Airliner, Abracadabra, Jungle Love, Space Cowboy........all horrible. Equally. Hope to not offend all.

I agree with TS that EPA needs to follow through!

The Times-Standard

“Who pays for the pulp mill cleanup?” we asked in a Friday front page headline on Samoa’s environmental woes, but you could already guess the answer: You.

Not Evergreen Pulp Inc., the company found responsible by the Environmental Protection Agency for nearly causing an environmental catastrophe on Humboldt Bay and the Samoa Peninsula.

Rotting tanks full of caustic pulp mill liquors might have spilled into Humboldt Bay under a heavy rainfall thanks to Evergreen Pulp. But, shock, shock, horror, Evergreen Pulp has left taxpayers holding the tab for the cleanup: $16 million and rising.

That’s millions the EPA might not ever collect from the company it blames for the debacle.

“EPA investigated Evergreen Pulp, and believes it to be a liable party, but the investigation also revealed a long line of unsatisfied creditors ahead of EPA,” agency’s spokeswoman Margot Perez-Sullivan wrote in an email to the Times-Standard.

Reacting to Friday’s story on his own blog, Humboldt Bay Harbor, Recreation and Conservation District Division 4 Commissioner Richard Marks — who worked at the mill for 30 years — paints a picture of an EPA unable or unwilling to chase down bad actors and convince them to make good on their debts.

The cumulative effect of this limp response by federal regulators? For starters, it undermines whatever trust we may put in government oversight. It encourages malfeasance from unscrupulous companies, who see that they’ll be allowed to essentially skip town without being held responsible for their actions. It figuratively poisons the business climate for the companies who remain, or who hope to do business here in the future. And, most importantly, it continues to threaten the literal poisoning of our environment.

Do better, EPA. Get what we’re owed.

EPA decision leaves hundreds of Humboldt workers screwed.

Will Houston wrote an article in the Times Standard today, "Who pays for the Pulp Mill Cleanup?" The price is up to 16 million dollars! Basically they are allowing Evergreen Pulp Inc., the responsible party, to walk away from any form of repayment.

When I gave testimony to the Environmental Protection Agency, they had identified the officers of Evergreen and they knew of their subsidiary status with Lee and Mann of China. If you check the link out you will see that Lee and Mann is quite healthy finance wise. The investor rating is to "Buy." I requested and begged the EPA to go after Evergreen or Lee and Mann and was told at that time they were leery because they didn't want to make an "International Incidence" over a few million dollars. Well, 16 million is not chicken feed. I was hoping for the EPA to leave a paper trail so that I could hire lawyers to go after Evergreen and recover federal "Warn Act" money that workers were entitled to as well as medical monies and recovery of legal expenses for the Association of Western Pulp and Paper Workers local 49 workers at the former pulp mill. I called EPA spokeswoman Margot Perez-Sullivan to question the EPA decision to let Evergreen slide and she referred me to EPA attorney Andrew Helmlinger.

Mr. Helminger told me the EPA decision so far has been based on "No Judgement Proof" or the failure of AWPPW attorneys and the EPA's attorneys lack of financial success chasing Evergreen to Colorado and the Virgin Isles which were hidden in "Corporate Veils." Not wanting to throw good money for bad." Mr. Helmlinger and Margot Perez-Sullivan were very cordial and patient with my requests. I am considering options to rectify this situation.

(I took some time off from this blog for awhile. Should be more regular posts now.)

Mike McGuire wins biggest post card award. Timing off?

I went to my post box today and had to figure out a way to pull a 12' by 15" political post card on behalf of the McGuire campaign today. I ripped it slightly and was shocked to see how big it was. Mike, I love you, I support and will vote for you. But really? Tell your consultants to shrink that to a more standard 8 1/2" by 5 1/2". I ran across a mail carrier later in the day and saw they were folding these in half and were not happy dealing with them, and the lady who was delivering commented on the timing being off and that many had already voted and they seemed to think it was a waste. (Most Absentee ballots were delivered on Monday and absentee voters have already voted.)

Humboldt and Del Norte Central Labor Council nails Absentee mailer.

The only mailer that arrived with my 2018 primary election ballot was from labor today. So kudos to Humboldt Del Norte Central Labor Council (HDNCLC) for their timing. 

Did anybody receive any political mailers today?

Over regulation now?

How can we fix this problem? Start from scratch?

Local business leaders asked to invest in "Clandestine" opportunity?

Why all the secretive "hush, hush" on this new Pacific Northwest Railroad organization? Seems to me that the Humboldt Bay Harbor, Recreation and Conservation District (HBHR&RD) and the North Coast Rail Authority (NCRA) should probably be part of the conversation. I was called by a concerned potential local investor who wanted to know our involvement and I said I have only heard rumors, but here is now some evidence. Supposedly local people have been asked to invest 10 Million dollars to help leverage an ask of 4 Billion private dollars from Wall Street. Anyone out there have further clarification? Supposedly this new organization said there are rail laws on the books from the 1800's that allow them to fast track the process. 

Eureka Trading Post Relics win HCSSA Pre Season Tournament.

In a spirited Senior softball tournament that included controversial calls, illegal bat, rule clarifications and windy conditions, the Relics by virtue of head to head play squeaked by Classics 11-10 to win the 2018 Humboldt Classic Senior Softball Association tournament at Pacific Union.  Jeff Hagg for the Relics went 12 for 12 to for the batting title. Stuart Rosenburg was close behind at 10 for 11 or .909 average.

Big Thank You to Bill Hicks, Buzz Johnson and Rod for the help with field prep. Lets do it again soon!

Here are the top 21 hitters by Base % in the Tournament as best determined by the hideous scorekeeping of your softball brothers:

1.       Jeff Hagg             .1000      Relics

2.       Stuart Rosenburg .909        Legends

3.       Ken Hoffman         .889        Relics

4.       Fred Delgatta        .750        Relics

5.       Dan Duncan          .727        Legends

6.       Doug Pace             .727        Classics

7.       Tim Kunst             .727        Classics

8.       Roy Willis             .727        Classics

9.       Rob Moulton         .700        Classics

10.    Tim Vernig             .700        Classics

11.    Tina Buchanan       .700        Relics

12.    Rod                        .700        Legends

13.    Doc Jones              .667        Rookies

14.    Ron DenHeyer      .667        Relics

15.    Paul Barrett           .667        Relics

16.    Zeke Branca         .667        Legends

17.    Tony Hernandez   .636        Relics

18.    Robert Nickell       .636        Classics

19.    Tom Pagano          .625        Rookies

20.    Robert Ruehl         .600        Legends

21.    Tom Owen             .600        Rookies

(On a sad note the Softball King went down with another back injury. So I on Injured Reserve for the time being)

The Senior Softball King traded to Legends for Tim Ash.

In a complicated three team deal involving waiver wires, a six pack of Beer and Humboldt Classic Senior Softball League offices, Richard Marks (AKA the Senior Softball King) has been traded by the Relics to the Legends for Tim Ash. "I had a great run with the Relics!" When Marks was reminded he only played for them for 1 year, "I lasted a whole year with someone?" Legend coach Bill Hicks had this to say, "We were looking for someone who could field , hit and run. They were all taken, so we settled on Marks."

The Tale of the Tape

Marks: 6' Pitcher, 1st.  Traverse and Walsh and M & D Auto in the 70's. James Hill Trucking, Calvary Brothers, Everett's and Louisiana Pacific. (Slow Pitch and Fast.) in 80's and 90's. Tomaso's, SOP, SAC, Arcata Countertop, Murphy's and Redwood Curtain from 2000 to present.

Ash: 6'3"Pitcher, 1st. Arcata Muffler in the 70's and 80's, Betz Bombers for the 90's to present.

Senior and Open League On Base Percentage for 2017:

Marks: .605 for Redwood Curtain.  32nd in Arcata "D" Division overall and 2nd on Redwood Curtain. .750 for Relics in Seniors.

Ash: .667 for Sunset Bombers, 11th in Arcata "C" Division overall and 2nd on Sunset Bombers. .700 for Relics in Seniors.

Tim is a better pitcher than me and more of an asset on defense. He does drink a higher class of beer also I might add.

Senator McGuire introduces "Great Redwood Trail Act."

Recently the Senate Transportation and Housing committee voted on SB 1029 (McGuire) and the vote was 12-0. This is the first committee hearing in a process that calls for another policy committee hearing in the Senate Natural Resources committee on April 24, followed by a Senate Appropriations Committee hearing and a vote of the full Senate. There has been discussion to further amend the bill. As far as I understand the same process will take place in the State Assembly.

Great Redwood Trail Act

An act to add Section 14111 to, and to add Chapter 4 (commencing with Section 93030) to Title 12 of, the Government Code, and to add Chapter 14 (commencing with Section 5880) to Division 5 of, and to repeal Section 5883 of, the Public Resources Code, relating to transportation.

legislative counsel’s digest

SB 1029, as amended, McGuire. North Coast Railroad Authority: right-of-way: Great Redwood Trail Agency.

(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 agency’s 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1. This bill shall be known, and may be cited, as 2 the Great Redwood Trail Act.

1 SEC. 2. It is the intent of the Legislature to do all of the 2 following:

3 (a) Create a system wide hiking, biking, and riding trail within, 4 or adjacent to, the North Coast Railroad Authority’s right-of-way 5 on the north coast, running from mile post 0.0 to mile post 300.5, line 6 including any associated branch or spur line.

7 (b) Settle all liabilities, debts, contractual obligations, and 8 leasehold interests held by the Northwestern Pacific line 9 Railroad, and other legal obligations of the North Coast Railroad line 10 Authority, transfer the authority’s assets and the right-of-way as line 11 provided for in this act, and abolish the North Coast Railroad line 12 Authority, which was established by statute in 1989.

13 (c) Transfer the North Coast Railroad Authority’s real property, 14 rail assets, rail easements, 15 California, to right-of-way south of mile post 142.5 in Willits, 16 California, to an unspecified successor agency for the purposes of line 17 creating and maintaining a trail system and continuing to run freight 18 along the active rail line.

19 (d) Provide funding for the construction and maintenance line 20 of the systemwide trail trail, including funding for the design, line 21 environmental assessment, and permitting of, and for mitigation l22 measures and property interests associated with, the trail, and to 23 maintain the active portion of the freight rail line.

24 (e) Create the Great Redwood Trail Agency, which will be 25 responsible for constructing and maintaining a hiking, biking, and line 26 riding trail in the northern portion of the right-of-way, from mile 27 post 142.5 to mile post 300.5. 

28 (f) Transfer the northern portion of the North Coast Railroad 29 Authority’s right-of-way, from mile post 142.5 to mile post 300.5, 30 to the Department of Transportation for a period of not more than 31 two years, and then have it transferred to the Great Redwood Trail 32 Agency.

33 (g) Ensure each portion of the right-of-way not used for rail is 34 railbanked or otherwise used as a trail.

35 (h) Ensure each portion of the right-of-way used for rail also 36 has a trail created and maintained in, or next to, it.

37 SEC. 3. Section 14111 is added to the Government Code, to line 38 read:

39 14111. (a) Within two years of receiving the North Coast line 40 Railroad Authority’s rights, privileges, and

1 responsibilities, excluding any preexisting liability related to debt, 2 litigation, or contractual obligations, relating to the authority’s 3 right-of-way north of mile post 142.5 in the City of Willits, 4 including any associated branch or spur lines, pursuant to Section 5 93031, the department shall do both of the following:

6 (1) Inventory any parcel or contract related to the right-of-way.

7 (2) Complete an environmental assessment of the right-of-way.

8 (b) Before January 1, 2021, and after receiving notice from the 9 Great Redwood Trail Agency pursuant to Section 5884 of the 10 Public Resources Code, the department shall transfer those rights, 11 privileges, and responsibilities described in subdivision (a) to the 12 Great Redwood Trail Agency.

13 SEC. 4. Chapter 4 (commencing with Section 93030) is added 14 to Title 12 of the Government Code, to read:

15, 16 Chapter 4. Abolishment 17,18 93030. Before April 1, 2019, the authority shall transfer its19 rights, privileges, and responsibilities, excluding any preexisting 20 liability related to debt, litigation, or contractual obligations, 21 relating to both its right-of-way south of mile post 142.5 in the 22 City of Willits, including any associated branch or spur lines, and 23 the railroad assets the authority owns to ____. 

24 93031. Before April 1, 2019, the authority shall transfer its 25 rights, privileges, and responsibilities, excluding 26 any preexisting liability related to debt, litigation, or contractual 27 obligations, relating to its right-of-way north of mile post 142.5 28 in the City of Willits, including any associated branch or spur lines, 29 to the Department of Transportation.

30 93032. In making the transfers pursuant to Sections 93030 and 31 93031, the authority shall transfer all of its rights, privileges, and 32 responsibilities, excluding any preexisting liability 33 related to debt, litigation, or contractual obligations, relating to 34 any right-of-way.

35 93033. Upon making all of the transfers described in this l36 chapter, the authority shall be abolished.

37 SEC. 5. Chapter 14 (commencing with Section 5880) is added

38 to Division 5 of the Public Resources Code, to read:

1 Chapter 14. Great Redwood Trail Agency

2, 3 5880. The Great Redwood Trail Agency is hereby created.

4 5881. For purposes of this chapter, the following definitions 5 shall apply:

6 (a) “Agency” means the Great Redwood Trail Agency.

7 (b) “Board” means the agency’s board of directors described in 8 Section 5882.

9 (c) “Department” means the Department of Transportation.

10 (d) “Right-of-way” means the entire length of the right-of-way 11 transferred to the department pursuant to Section 93031 of the12 Government Code.

13 5882. The agency shall be governed by a board of directors, 14 composed as follows:

15 (a) The Governor shall appoint two board members members, 16 one representing the department and one representing the Natural 17 Resources Agency, who are knowledgeable about trails, parks, 18 railroads, or rivers.

19 (b) The Senate Committee on Rules shall appoint one board 20 member who is knowledgeable about trails, parks, railroads, or 21 rivers.

22 (c) The Speaker of the Assembly shall appoint one board 23 member who is knowledgeable about trails, parks, railroads, or 24 rivers.

25 (d) The Board of Supervisors of the County of Mendocino may l26 appoint one board member.

27 (e) The Board of Supervisors of the County of Humboldt may 28 appoint one board member.

29 (f) ____ may appoint one board member.

30 5883. (a) Upon four board members joining the agency’s initial 31 board, the agency shall advise the department on issues relating 32 to railbanking and the creation and maintenance of a trail in, or l 33 next to, the right-of-way.

34 (b) This section shall remain in effect only until January 1, 35 2022, and as of that date is repealed.

36 5884. (a) Before January 1, 2021, the board of directors shall 37 notify the department that the agency is ready to assume ownership 38 of the right-of-way.

1 (b) Upon the department making the transfer described in 2 Section 14111 of the Government Code, the agency shall assume line 3 ownership of the right-of-way.

4 5885. The agency shall do both of the following:

5 (a) For the portion of the right-of-way between mile post 142.5 6 and mile post 284, including any associated branch or spur lines, 7 the agency shall complete the railbanking process on, and create line 8 and maintain a trail in, or next to, that portion of the right-of-way. 9 The agency may contract with a trail manager or organization to 10 meet the requirements of this subdivision.

11 (b) For the portion of the right-of-way between mile post 284 12 and mile post 300.5, including any associated branch or spur lines, 13 the agency shall create and maintain a trail in, or next to, that 14 portion of the right-of-way, and may contract with a trail manager line 15 or organization to meet these requirements. The agency may 16 contract with an operator to operate freight or excursion rail service 17 on this portion of the right-of-way, except that the service shall 18 not interfere with or harm the agency’s trail.

19 5886. The agency shall have and may exercise all rights and line 20 powers, expressed or implied, necessary to carry out the purposes 21 and intent of this chapter, including, but not limited to, to enter 22 into and perform all necessary contracts pursuant to Article 53.5 23 (commencing with Section 20815) of Chapter 1 of Part 3 of 24 Division 2 of the Public Contract Code.

25 5887. The agency shall be subject to the Ralph M. Brown Act 26 (Chapter 9 (commencing with Section 54950) of Part 1 of Division line 27 2 of Title 5 of the Government Code) and the California Public line 28 Records Act (Chapter 3.5 (commencing with Section 6250) of line 29 Division 7 of Title 1 of the Government Code).

30 SEC. 6. Upon receiving the North Coast Railroad Authority’s 31 rights, privileges, and responsibilities relating to the authority’s 32 right-of-way south of mile post 142.5 in the City of Willits 33 pursuant to Section 93030 of the Government Code, ____ shall 34 conduct a freight rail study incorporating this entire length of the 35 right-of-way.

36 SEC. 7. If the Commission on State Mandates determines that 37 this act contains costs mandated by the state, reimbursement to 38 local agencies and school districts for those costs shall be made

1 pursuant to Part 7 (commencing with Section 17500) of Division 2 4 of Title 2 of the Government Code.