Opinion AGO 07-1002 (2009).

• Case Date: February 27, 2009
• Court: California

California Attorney General Opinions 2009. Opinion AGO 07-1002 (2009). TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNEY GENERAL State of California EDMUND G. BROWN JR. Attorney General No. 07-1002February 27, 2009EDMUND G. BROWN JR. Attorney General TAYLOR S. CAREY Deputy Attorney GeneralTHE HONORABLE QUENTIN L. KOPP, CHAIRMAN, CALIFORNIA HIGH-SPEED RAIL AUTHORITY, has requested an opinion on the following question:Is the California High-Speed Rail Authority authorized to exercise the powers set forth in Public Utilities Code section 185036?CONCLUSIONS The California High-Speed Rail Authority is authorized to exercise the powers set forth in Public Utilities Code section 185036. It received partial authority to exercise those powers through legislation, and full authority on November 4, 2008, through the passage of the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century. ANALYSIS The California High-Speed Rail Authority (HSRA) was created by the California High-Speed Rail Act of 1996 for the purpose of developing a plan for the financing, construction, and operation of a statewide, intercity high-speed passenger rail system.(fn1) The HSRA was required to submit its business plan to the Legislature and the Governor for consideration and approval.(fn2) In June 2000, the HSRA adopted its final business plan, following which the Legislature appropriated funds to the HSRA "for the purpose of commencing preliminary environmental documentation for the implementation of high speed rail service in California."(fn3) The business plan contemplates a rail system with speeds exceeding 200 mile per hour, extending from San Diego through the population centers of Southern California, continuing through the Central Valley, and terminating in segments located in Sacramento and in the San Francisco Bay Area.(fn4) The HSRA has recommended a phased-project approach, beginning with initial environmental studies, and proceeding through preservation of needed rights-of-way as well as additional studies to determine train technology, to finalize corridors and station locations, and to sharpen cost estimates.(fn5) The HSRA's plan also advocates increased funding and accelerated development for complementary intercity and commuter rail services and improvements (fn6) In 2002, the Legislature enacted the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century (Bond Act),(fn7) to add Chapter 20 (commencing with section 2704) to Division 3 of the Streets and Highways Code relating to financing and constructing a high-speed passenger train system. The Bond Act was originally scheduled to be submitted for voter approval on the November 2004 Ballot, but it was postponed twice.(fn8) It appeared on the November 2008 Ballot. The Bond Act provides for the issuance of general obligation bonds, the bulk of the proceeds from which are to be used in conjunction with available federal funds for funding the planning and construction of a high-speed rail system pursuant to the HSRA's business plan. A portion of the revenues are to be available for capital projects on other passenger rail lines to provide connectivity to the high-speed train system and for capacity enhancements and safety improvements to those lines.(fn9) Public Utilities Code section 185036, which is part of the...