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.
