California Government Code 93022 – (a) To the extent funding is available, the agency shall do all …
(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.
Terms Used In California Government Code 93022
- Contract: A legal written agreement that becomes binding when signed.
- Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
- State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
(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 § 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.
(Repealed and added by Stats. 2021, Ch. 423, Sec. 19. (SB 69) Effective January 1, 2022. Operative March 1, 2022, by its own provisions.)