The High-Speed Rail Authority would require permits for certain work on rail property and could penalize people who damage the system or put it at risk.
The authority would require permits for certain installations and work on property used to build, operate, or maintain high-speed rail. The rule applies to new installations and qualifying work.
People who install or carry out covered work on rail property without a required permit could face a misdemeanor charge. Emergency entry has a narrow safety exception.
People could owe repair costs and penalties for specified harmful water flows or tree damage on rail property. Willfully damaging the system or property would be a misdemeanor.
Permit fees and penalty money would go into a state fund. The authority could use the money for rail work or permit administration only if the Legislature appropriates it.
The High-Speed Rail Authority would require permits for certain work or installations on its operating property. The property includes rail corridor land and related facilities needed to build, operate, or maintain the system; other authority-owned property is excluded. An encroachment includes an object, activity, or access on, under, or over that property. A permit must be consistent with rail operations, maintenance, safety, and security. Existing protected agreements keep their rights and permit procedures; if they have no permit procedure, this chapter applies. Permit rules apply only to installations made on or after January 1, 2027, and work needed for those installations or to repair, maintain, expand, or relocate existing crossings or structures.
A person who installs or performs a covered encroachment without a permit would commit a misdemeanor. This covers any person who installs or performs a qualifying encroachment on the authority’s operating right-of-way. The permit requirement applies only to qualifying installations and work; emergency entry may occur when reasonably necessary to address an emergency and does not further impede public safety. Prior express authority consent is generally required to enter the operating right-of-way. The permit requirement applies to installations made on or after January 1, 2027, and the specified work tied to them.
The authority or Attorney General could seek civil penalties for specified encroachments, water-related damage, and tree damage; willful damage would be a misdemeanor. The rules cover people whose actions damage the train system or its operating property, including specified water practices and damage to shrubs or trees there. Water drainage, obstruction, or overflow is prohibited when it causes the specified damage or safety or operating problems, unless authorized by law or permit. Tree penalties apply to each shrub or tree damaged without an authority permit; repair costs may also be sought. For continued water problems after notice, the authority or Attorney General could seek a $5,000 daily penalty. Removing certain encroachments can also trigger $5,000 daily penalties after the applicable response period.
Permit fees and recovered money would go into the High-Speed Rail Property Fund, with spending available only after legislative appropriation. This covers money collected under the new chapter, including permit fees and civil penalties. Penalty money may be used for rail system development, improvement, and maintenance; fee revenue may be used to administer the permit program. Reasonable attorney fees and costs go to the agency that recovered them. The money becomes available to the authority only upon legislative appropriation.
No hearings or votes scheduled.