Chapter 5. Conditions of California Public Utilities Code >> Division 10. >> Part 11.5. >> Chapter 5.
Funds allocated pursuant to this part shall not be used for
any of the following:
(a) A rail project connecting San Bernardino County and the State
of Nevada.
(b) Any alteration to the Golden Gate Bridge.
(c) Passenger rail facilities which would not be available to the
general public or whose primary purpose would be to benefit a private
entity or individual.
Funds shall not be allocated for a project requiring service
over the right-of-way of a railroad corporation unless a course of
improvements and operation is agreed to by the railroad corporation
or unless the right-of-way, or all or part of use of the
right-of-way, is acquired by eminent domain or purchase. New or
increased passenger service over the right-of-way of a railroad
corporation shall be implemented in a manner which ensures the
adequacy and efficiency of existing freight service. Neither the
specific amounts allocated pursuant to Chapter 3 (commencing with
Section 99620), nor any other provision of this part, are intended to
indicate the actual fair market value of any railroad right-of-way
to be acquired or leased.
All passenger rail and water borne ferry equipment and
facilities acquired or constructed pursuant to this part and intended
for public use shall be accessible to persons with physical
disabilities, including wheelchair users. All passenger vehicles and
vessels shall be accessible to wheelchair users at all stops,
stations and terminals whether or not staffed.
All passenger vehicles and vessels acquired pursuant to this
part shall provide reasonable access to bicycles. All stations
acquired or constructed pursuant to this part shall provide
convenient and secure bicycle parking facilities.
(a) All funds allocated to an agency pursuant to this part
shall be programmed, encumbered, obligated, or spent prior to July 1,
2000, unless economically infeasible. If funds allocated to an
agency pursuant to this part are not expended or encumbered prior to
July 1, 2000, the Legislature may, by a statute passed in each house
by a two-thirds vote, reallocate those funds for another rail project
within that agency's jurisdiction.
(b) If any of the funds are not expended or encumbered prior to
July 1, 2010, the Legislature may, in the same manner, reallocate the
funds for any other passenger rail project in the state.
(c) In the case of funds allocated to the department, the
reallocation shall be for a state-sponsored passenger rail project.
(d) The Legislature may, by statute passed in each house by
majority vote, or in the annual Budget Bill, require the commission
to award any grant specified in Chapter 3 (commencing with Section
99620) which the commission has denied.
If, within one year after the commission has denied any
grant specified in Chapter 3 (commencing with Section 99620), the
Legislature does not require the commission to award the grant
pursuant to Section 99684, the Governor may direct the commission to
award the grant if the Governor finds that the applicant for the
grant is in substantial compliance with the requirements of this
part.
Every expenditure made pursuant to this part shall be made
in compliance with the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources Code).