Chapter 3 - Powers and Duties of Authority

California Government Code — §§ 93020-93029

Sections (11)

Repealed (in Sec. 14) and added by Stats. 2021, Ch. 423, Sec. 15. (SB 69) Effective January 1, 2022. Operative March 1, 2022, by its own provisions.

(a)The agency has all of the following powers:

(1)To acquire, own, operate, and lease real and personal property reasonably related to the furtherance of the purposes of this title.

(2)To operate railroads.

(3)To accept grants or loans from state or federal agencies.

(4)To employ an executive officer, other staff, and consultants deemed appropriate for support of the activities of the agency, to further the purposes of this title.

(b)The agency shall cooperate with, and provide information upon request to, the Transportation Agency, Natural Resources Agency, or other state or local agencies or contractors working at the direction of the Transportation Agency or Natural Resources Agency.

(c)This section shall become operative on March 1, 2022.

§ 93021

Amended by Stats. 2025, Ch. 424, Sec. 4. (SB 727) Effective January 1, 2026.

(a)The agency 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, to further the purposes of this title.

(b)Any railroad track and tie owned by the agency that remains in place within a right-of-way railbanked pursuant to Section 93022 shall not be deemed “waste” for purposes of Section 25124 of the Health and Safety Code if the right-of-way remains railbanked or is otherwise within the ongoing jurisdiction of the federal Surface Transportation Board or successor agency.

§ 93022

Repealed and added by Stats. 2021, Ch. 423, Sec. 19. (SB 69) Effective January 1, 2022. Operative March 1, 2022, by its own provisions.

(a)To the extent funding is available, the agency shall do all of the following:

(1)Initiate, complete, or initiate and complete the federal Surface Transportation Board’s railbanking process on its rail rights-of-way. The federal Surface Transportation Board’s railbanking process may be initiated, completed, or initiated and completed by segment of the rail rights-of-way.

(2)Inventory any parcel, easement, or contract related to its rail rights-of-way.

(3)Complete an environmental assessment of the conditions of the rail rights-of-way

for purposes of trail development.

(4)Plan, design, construct, operate, and maintain a trail in, or parallel to, the rail rights-of-way.

(5)Conduct a thorough community engagement process that includes landowners, trail advocates, environmental groups, and the community at large. Items to be discussed during this process include, but are not limited to, trail configurations in, and parallel to, the rail rights-of-way, including those on public lands, connecting the trail to other trails, and rail-crossing access and fees.

(6)Honor existing trail licenses and work with local and state governments, tribal governments, and community groups to expeditiously provide new trail license agreements that meet the goal of

this title.

(7)Use the services of the California Conservation Corps or

certified community conservation corps, as defined in Section 14507.5 of the Public Resources Code, wherever feasible, for projects related to trails, environmental enhancements, and restoration, and other improvement projects.

(8)Use the services of conservation organizations, wherever feasible, for projects related to trails, fishing access, fish passage barrier restoration, and other environmental enhancement, restoration, and improvement projects.

(9)Prepare and implement a master plan for the rail rights-of-way, including any environmental analysis required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(10)Before January 1, 2024, and annually thereafter, submit a report to the Legislature, in compliance with Section 9795,

describing the agency’s progress towards fulfilling the requirements and goals relating to the rail rights-of-way.

(b)To the extent funding is available, the agency may do any of the following:

(1)Contract with public and private entities for trail management.

(2)Contract with an operator to operate excursion rail service, except that the excursion rail service shall not interfere with or harm the rail rights-of-way. The operator shall pay all expenses associated with rail construction, maintenance, and operation, including equipment, track safety, bridges, trestles, and pedestrian safety applicable to the excursion rail service.

(3)Work

with landowners, fishing organizations, and others to locate and provide fishing and river access along the rail

rights-of-way and to discourage and prevent trespassing on private property.

(c)This section shall become operative on March 1, 2022.

§ 93023

Added by Stats. 2025, Ch. 424, Sec. 5. (SB 727) Effective January 1, 2026.

Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 shall not apply to the agency, except with respect to the development of any projects on properties that are not owned or directly controlled by the agency.

§ 93024

Amended by Stats. 2025, Ch. 424, Sec. 6. (SB 727) Effective January 1, 2026.

The agency shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this title, including, but not limited to, all of the following:

(a)To enter into and perform all necessary contracts. Any public works contract, as defined in Section 1101 of the Public Contract Code, shall be let pursuant to Section 93029.

(b)To fix and collect fees for the use of any land owned or controlled, or for any service provided, by the agency. This subdivision does not authorize the agency to fix or collect a fee for public access to the land owned or controlled by the agency.

(c)To make grants.

(d)To acquire any real or personal property within or outside the agency, to hold, manage, occupy, dispose of, convey and encumber the property, and to create a leasehold interest in the property for the benefit of the agency.

(e)To lease, rent, sell, exchange, or transfer interests in real property if doing so is both consistent with the potential full restoration of railroad use upon an order of the federal Surface Transportation Board without cost to the agency, and would not interfere with the continuous use of the rail rights-of-way pursuant to trail standards recommended by the American Association of State Highway and Transportation Officials.

(f)To undertake or fund projects and programs implementing this title or relating to the rail rights-of-way.

(g)To provide for the management of the rail rights-of-way.

(h)To apply for and accept grants, gifts, donations of money and property, subventions, rents, royalties, or other assistance from public or private sources.

(i)To recruit and coordinate volunteers and experts to conduct interpretive and recreational programs, and to assist with construction projects and the maintenance of facilities.

(j)To enter into contracts and joint powers agreements pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1).

(k)To sue and be sued.

(l)To contract with the State Coastal Conservancy, a state agency, or another

organization to staff the agency. A state agency may contract with, and provide services to, the agency consistent with Section 11256. Upon a state agency contracting with the agency, the state agency may contract for professional services on behalf of the agency pursuant to Section 4526 and the state agency’s regulations.

(m)To receive funds from the State Coastal Conservancy or any other state agency as may be appropriated by the Legislature.

(n)To hire and appoint necessary employees, to define their qualifications and duties, and to provide a schedule of compensation for performance of their duties.

(o)To engage counsel and other professional services.

(p)To borrow money, give security therefor, and purchase on contract.

(q)To adopt a seal and alter it at pleasure.

(r)To adopt ordinances following the procedures of Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3.

(s)To adopt and enforce rules and regulations for the administration, operation, use, and maintenance of trails, excursion rail service, and other recreational facilities and programs implemented pursuant to this title.

(t)To contract with state law enforcement agencies, or local law enforcement agencies of jurisdictions within the service area of the agency, to enforce the adopted rules, regulations, and ordinances of the agency.

(u)To provide insurance pursuant to Part 6 (commencing with Section 989)

of Division 3.6 of Title 1.

§ 93024.5

Added by Stats. 2025, Ch. 424, Sec. 7. (SB 727) Effective January 1, 2026.

Notwithstanding subparagraph (A) of paragraph (2) of subdivision (c) of Section 54221, the use of agency real property by third parties via lease, license agreement, or concession agreement for uses ancillary to the operation or maintenance of a trail pursuant to paragraph (4) of subdivision (a) of Section 93022, as consistent with a master plan adopted pursuant to paragraph (9) of subdivision (a) of Section 93022, such as the operation of campgrounds, parking facilities, sale or rental of recreational supplies or services, food or beverage service, storage, or educational or cultural purposes, shall be deemed an “agency’s use” for purposes of Section 54221, regardless of whether such use is commercial in nature.

§ 93025

Amended by Stats. 2025, Ch. 424, Sec. 8. (SB 727) Effective January 1, 2026.

Notwithstanding Section 93004.5, the state is not liable for any contracts, debts, or other obligations of the North Coast Railroad Authority, its predecessor in interest, or the agency.

§ 93026

Amended by Stats. 2022, Ch. 28, Sec. 78. (SB 1380) Effective January 1, 2023.

(a)The agency shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).

(b)This section shall become operative on March 1, 2022.

§ 93027

Amended by Stats. 2025, Ch. 424, Sec. 9. (SB 727) Effective January 1, 2026.

On or before July 1, 2022, the agency shall hire or contract for professional staff necessary to fulfill the requirements of this title, including by exercising its authority pursuant to subdivision (l) of Section 93024. This subdivision does not limit the authority granted elsewhere in this title.

§ 93028

Added by Stats. 2025, Ch. 424, Sec. 10. (SB 727) Effective January 1, 2026.

(a)At the direction of the board, the executive director shall submit a recommended budget to the board on or before June 30 of each year. The board shall adopt an annual budget by a resolution adopted by a majority of the board of directors.

(b)The board shall not make any increase or addition to the annual budget after it adopts the budget pursuant to subdivision (a) unless that action is approved by a resolution adopted by at least two-thirds of the board members.

(c)In the recommended and adopted budgets, and in any revisions to the adopted budget, the funding sources shall equal the financing uses.

(d)The

board shall provide for regular audits of the agency’s accounts and records and shall maintain accounting records and report accounting transactions in accordance with generally accepted accounting principles adopted by the Government Accounting Standards Board of the Financial Accounting Foundation for public reporting purposes.

§ 93029

Added by Stats. 2025, Ch. 424, Sec. 11. (SB 727) Effective January 1, 2026.

(a)For purposes of this section, “work” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(b)For any work done by agency personnel, the estimated cost of the work shall not exceed an amount equal to the threshold set forth in subdivision (b) of Section 22032 of the Public Contract Code, except under the following circumstances:

(1)The work consists of environmental preservation or habitat management.

(2)The work consists of maintenance work as defined in Section 22002 of the Public Contract Code.

(3)The work consists of emergency work.

(c)With the approval of the board, and in accordance with a board policy that has been adopted in an open meeting, any work not performed by agency personnel and estimated by the engineer to cost in excess of an amount equal to the threshold set forth in subdivision (b) of Section 22032 of the Public Contract Code shall be done by contract and shall comply with the following formal competitive bidding process:

(1)All contracts shall be let to the lowest responsible bidder or bidders in the manner provided in this section. The board shall first determine whether the contract shall be let as a single unit for the whole of the work, or shall be divided into severable parts, or both, according to the best interests of the agency.

(2)The board shall call for bids and advertise the call by posting the notice on applicable internet websites, as appropriate, or by three insertions in a daily newspaper of general circulation or by two insertions in a weekly newspaper of general circulation printed and published within the service area of the agency inviting sealed proposals for the construction or performance of the work before any contract is made. The call for bids shall state whether the work is to be performed as a unit for the whole of the work, or shall be divided into severable specific parts, or both, as stated in the call. The board may let the work by single contract or it may divide the work into severable parts by separate contracts, as stated in the call, according to the best interests of the agency.

(3)The board shall require the successful bidder or bidders to file with the board good and sufficient bonds to be approved by the board conditioned

upon the faithful performance of the contract and upon the payment of their claims for labor and material, the bonds to contain the terms and conditions set forth in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code and to be subject to that title.

(4)The board may reject any bid. If all proposals are rejected or no proposals are received pursuant to advertisement, or the work consists of maintenance work, environmental preservation or habitat management, or emergency work, the board may, without advertising for bids, have the work done by force account.

(d)In case of an emergency, if notice for bids to let contracts for work will not be given, the board shall comply with Chapter 2.5 (commencing with Section 22050) of Part 3 of Division 2 of the Public Contract Code.