California Legal Codes and Statutes

Chapter 3 - Powers and Duties of the Authority

California Government Code — §§ 93312-93319

Sections (8)

§ 93312

Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.

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 93316 for any purpose of the authority.
(c)To acquire property by purchase, lease, gift, or through exercise of the power of eminent domain, within its area of jurisdiction.
(d)To operate railroads, including those outside its boundaries in order to connect its lines with the lines of another railroad

corporation, provided the service begins within the authority’s area of jurisdiction.

(e)To accept grants or loans from 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.
§ 93313

Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.

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.

§ 93314

Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.

The authority may prepare a plan for the acquisition and operation of any railroad line specified in Section 93301, at no expense to the state, to achieve the purposes set forth in Section 93302.

§ 93315

Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.

After preparation of a plan pursuant to Section 93314, 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 93302.
(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.
§ 93316

Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.

(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).

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.

§ 93317

Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.

The state is not liable for any contracts, debts, or other obligations of the authority.

§ 93318

Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.

Agencies forming the joint powers agreement implementing the authority shall be liable for all debts and obligations of the authority.

§ 93319

Added by Stats. 2011, Ch. 234, Sec. 1. (SB 325) Effective January 1, 2012.

The authority may not utilize or be a claimant for Transportation Development Act funds and shall not be entitled to receive funds from the Public Transportation Account.