Law:Title 12. North Coast Railroad Authority (California)
From Law Delta
Chapter 1. General Provisions
Ca Codes (gov:93000-93005) Government Code Section 93000-93005
93000. This title shall be known and may be cited as the North Coast Railroad Authority Act.
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.
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.
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.
93004. As used in this title "authority" means the North Coast Railroad Authority.
93005. The authority is a local agency for purposes of the Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2).
Chapter 2. Creation Of Authority
Ca Codes (gov:93010-93012) Government Code Section 93010-93012
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. (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.
93011. (a) The authority shall be governed by a board of directors, composed as follows: (1) Two persons appointed by each of the boards of supervisors of the Counties of Humboldt and Mendocino. If the County of Marin or the County of Sonoma elects to join the authority, the board of supervisors of the county so joining shall appoint two persons to the board of directors. (2) A city representative, selected by the cities served by the rail line. (3) A board member of the Golden Gate Bridge, Highway and Transportation District, who shall serve as a nonvoting, ex officio director of the authority. (b) All directors, except the ex officio director, shall serve for terms of two years and until their successors have qualified. (c) Notwithstanding any other provision of law including the common law doctrine that precludes the simultaneous holding of incompatible offices, a local government officer may be appointed and may serve as a member of the authority's board of directors if the person also meets the other applicable qualifications of this title.
93012. The authority shall conduct its first meeting not later than 120 days after the abandonment or discontinuance of service on any of the railroad lines specified in Section 93001.
Chapter 3. Powers And Duties Of Authority
Ca Codes (gov:93020-93025) Government Code Section 93020-93025
93020. The authority has all of the following powers: (a) To acquire, own, operate, and lease real and personal property reasonably related to the operation and maintenance of railroads. (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) To operate railroads, including those outside its boundaries in order to connect its lines with the lines of another railroad corporation. (e) To accept grants or loans from state or federal agencies. (f) 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 authority's jurisdiction.
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.
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.
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.
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.
93025. The state is not liable for any contracts, debts, or other obligations of the authority.