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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
93
Introduced by Senator Cortese
February 20, 2026
An act to amend Section 185045 of, and to add Chapter 6 (commencing with Section 185520) to Division 19.5 of, the Public Utilities Code, relating to high-speed rail.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties, including the power to acquire rights-of-way through purchase or eminent domain, as specified.
This bill would establish a permit program, administered by the authority, for encroachments on the authority’s operating right-of-way. The bill would make any person who installs or performs an encroachment within the authority’s operating right-of-way, without a permit, guilty of a misdemeanor, except as provided. The bill would also make any person who willfully damages any feature of the high-speed train system or any portion of the authority’s operating right-of-way guilty of a misdemeanor. The bill would provide for civil penalties for specified categories of encroachment and, unless authorized by law or an encroachment permit, would make it unlawful to manage water flows in certain ways that impact the high-speed train system or the authority’s operating right-of-way, as specified. The bill would authorize the authority or the Attorney General to recover these civil penalties. The bill would require all moneys, including moneys from permit fees and civil penalties, collected pursuant to its provisions to be deposited into the High-Speed Rail Property Fund, except for the award of any reasonable attorney’s fees and costs provided to the recovering agency to recoup the cost of litigation, as provided. The bill would, upon appropriation by the Legislature, make the penalty moneys available to the authority for use in the development, improvement, and maintenance of the high-speed rail system, and the other moneys in the fund available for administering these provisions.
By creating new crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 185045 of the Public Utilities Code is amended to read:
185045.
(a) The High-Speed Rail Property Fund is hereby created in the State Treasury for the deposit of both of the following:
(1) Revenue received from the sale, lease, or grant of any interest in or use of real property owned or managed by the High-Speed Rail Authority.
(2) Moneys deposited in the fund pursuant to Chapter 6 (commencing with Section 185520).
(b) (1) Revenues in the fund described in paragraph (1) of subdivision (a) and revenues in the fund collected from any penalties imposed pursuant to Chapter 6 (commencing with Section 185520) shall be available to the authority, upon appropriation by the Legislature, for use in the development, improvement, and maintenance of the high-speed rail system, consistent with appropriate uses for each funding source.
(2) Revenues in the fund collected from any fees imposed pursuant to Chapter 6 (commencing with Section 185520) shall be available to the authority, upon appropriation by the Legislature, for the administration of Chapter 6 (commencing with Section 185520), consistent with the appropriate use for each of those fees.
SEC. 2.
Chapter 6 (commencing with Section 185520) is added to Division 19.5 of the Public Utilities Code, to read:
Chapter 6. Care and Protection of the High-Speed Train System
Unless the provisions or context requires otherwise, the following definitions govern the construction of this chapter:
(a) “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
(b) “Encroachment” means any of the following:
(1) Installation of any tower, pole, pipe, fence, building, structure, sign, billboard, vegetation, object, or improvement of any kind or character not particularly mentioned in this chapter, that is placed in, on, under, or over any portion of the authority’s operating right-of-way.
(2) Performance of any activity, event, use, access, or other intrusion of any kind or character not particularly mentioned in this chapter, that occurs in, under, or over any portion of the authority’s operating right-of-way.
(c) “Encroachment permit” means the authority’s written authorization for a person to install or perform an encroachment within the authority’s operating right-of-way that is not inconsistent with the function, operation, maintenance, enlargement, rehabilitation, safety, or security of any portion of the authority’s operating right-of-way or any feature of the high-speed train system.
(d) “High-speed train system” means the high-speed train system described in subdivision (e) of Section 2704.01 of the Streets and Highways Code.
(e) “Operating right-of-way” means any property interest, including, but not limited to, an easement, license, permit, joint-use agreement, or fee ownership, that is acquired by the authority for the function, operation, maintenance, enlargement, rehabilitation, safety, or security of the high-speed train system, including land needed for tracks, stations, maintenance facilities, communications facilities, energy generation and storage facilities, and any other land serving the corridor, such as embankments, drainage, access roads, and safety buffers. “Operating right-of-way” does not include property acquired or held by the authority that is not necessary for the high-speed train system’s construction, operation, or maintenance.
(f) “Person” means any person, firm, partnership, association, corporation, other business entity, nonprofit organization, utility company, or government entity.
(g) “Protected agreement” means an agreement entered into, or a permit issued, pursuant to Chapter 5 (commencing with Section 185500) with respect to a facility located within, or affecting, the authority’s operating right-of-way or high-speed rail property.
(h) “Qualified installation” means a crossing, facility, or infrastructure installed on the authority’s operating right-of-way on or after January 1, 2027.
(i) “Qualified work” means work necessary to implement a qualified installation on the authority’s operating right-of-way, or to repair, maintain, expand, or relocate an existing crossing or structure. “Qualified work” does not include an emergency response necessary to prevent or mitigate a threat to life, health, property, or essential public services.
(a) This chapter shall not limit the powers and duties vested by law in the Public Utilities Commission, and if there is any conflict with regard to the powers and duties given to the authority by this chapter, those of the Public Utilities Commission shall prevail.
(b) This chapter shall not limit the powers and duties vested by federal law in the Federal Railroad Administration or the federal Surface Transportation Board, and if there is any conflict with regard to the powers and duties given to the authority by this chapter, those of the Federal Railroad Administration and the federal Surface Transportation Board shall prevail.
(c) This chapter does not alter or impair any right that a person obtained pursuant to an agreement entered into, or a permit issued, pursuant to a protected agreement.
(a) Except as provided in subdivision (b), a person shall not install or perform any encroachment within the authority’s operating right-of-way without first obtaining an encroachment permit from the authority.
(b) (1) The requirement to obtain an encroachment permit under this chapter shall apply only to qualified installations and qualified work.
(2) A party that has entered into a protected agreement shall be required to obtain a permit under the procedures set forth in the protected agreement, but if the protected agreement does not prescribe a procedure for obtaining a permit, the party shall be required to obtain a permit pursuant to this chapter.
(c) Crossings, facilities, or infrastructure that must be relocated to accommodate the high-speed train system shall be relocated pursuant to Chapter 5 (commencing with Section 185500).
(d) (1) A person shall not enter into the authority’s operating right-of-way, including under emergency situations, without the authority’s prior express consent, except where such entry is reasonable and necessary to respond to, and mitigate, an emergency situation and provided that the entry does not further impede public safety.
(2) The authority shall establish reasonable notification and coordination rules for emergencies related to encroachments that facilitate an emergency response necessary to protect life, health, property, essential public services, utility reliability, or public safety. A person performing emergency work shall immediately notify the authority of that work.
(e) Any person who violates subdivision (a) shall be guilty of a misdemeanor.
No (a) Except as provided in subdivision (b), no person has any franchise rights within the authority’s operating right-of-way.
(b) (1) Subject to paragraph (2), this chapter does not do any of the following:
(A) Alter or impair any right of a city, county, city and county, or state agency to grant a franchise in a street, highway, or freeway controlled by the city, county, city and county, or state agency.
(B) Alter or impair any right of a utility to exercise its franchise rights in a street, highway, or freeway controlled by a city, county, city and county, or state agency.
(2) In cases where a street, highway, or freeway crosses the authority’s operating right-of-way and the grades of the authority’s operating right-of-way and the street, highway, or freeway are separated, a franchise shall be exercised only on the street, highway, or freeway, shall not authorize the installation of a facility without the authority’s prior approval in writing, and shall be subject to the requirements of Section 185525 when work is performed on the facility installed pursuant to the franchise.
(a) The authority may issue an encroachment permit, in accordance with this chapter, that authorizes a permittee to install or perform any kind of encroachment that is not inconsistent with the function, operation, maintenance, enlargement, rehabilitation, safety, or security of the high-speed train system or the authority’s operating right-of-way.
(b) By issuing an encroachment permit, the authority is not responsible for the competence or reliability of the permittee or the encroachment.
(a) Any person proposing to install or perform an encroachment within the authority’s operating right-of-way shall apply to the authority on a form prescribed by the authority, along with all reports, studies, plans, analyses, and other supporting documents as required by the authority.
(b) The (1) Except as provided in paragraph (2), the authority shall approve or deny an application for an encroachment permit no later than 60 days from the date of receipt of the complete application, as
determined by the authority. An application for an encroachment permit is complete when all applicable requirements and statutory requirements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been met. No later than 30 days from the date on which the application is received, the authority shall determine whether the application is complete.
(2) An application for an encroachment permit under this chapter that is submitted pursuant to subdivision (a) by a city, county, city and county, or public agency that possesses a real property interest under or over the authority’s right-of-way shall not be denied. Every applicant described in this paragraph is entitled to an encroachment permit as a matter of right, but is otherwise subject to the provisions of this chapter and to all reasonable terms and conditions of the permit.
(c) If the authority denies an application for an encroachment permit, it shall provide reasons for the denial at the time of notifying the applicant of the denial.
(d) The applicant may choose to address the reasons for denial and resubmit a revised encroachment permit application for reconsideration by the authority. The authority shall approve or deny a resubmitted application no later than 60 days from the date of receipt of a complete resubmitted application addressing all the reasons of denial.
(e) If the applicant cannot complete the encroachment project design without the authority’s involvement and support, the authority may support the applicant with the project development, notwithstanding the timelines and requirements set forth in subdivision (b). The authority may establish the processes and requirements for those projects, as appropriate. The applicant shall reimburse the authority for all the costs expended by the authority in accordance with the authority’s fee schedule established pursuant to Section 185529.
(f) An appeal of a denial of an encroachment permit application shall be made in writing to the authority’s executive director or the designee of the executive director. There shall be a final written determination by the executive director or designee of the executive director within 60 calendar days after receipt of the applicant’s written appeal. The appellant shall pay to the authority a fee of not more than 50 percent of the estimated administrative cost to the authority for conducting the appeal.
(g) Nothing in this chapter precludes an applicant and the authority from mutually agreeing to an extension of any time limit provided by this section.
The authority may adopt regulations to implement this chapter, including regulations that provide for the filing of an application for an encroachment permit, related administrative review and inspection, the imposition of fees, the terms and conditions of encroachment permits, an administrative appeal process, and a process for administrative review and regulation of existing encroachments in accordance with this chapter.
(a) Any act performed under the authority of an encroachment permit issued pursuant to this chapter shall be in accordance with the applicable provisions of this chapter and the terms and conditions of the encroachment permit.
(b) The authority may prescribe requirements in the encroachment permit, including a requirement that the permittee pay the entire expense of restoring the portions of the authority’s operating right-of-way or features of the high-speed train system affected by a permittee’s encroachment to a condition equivalent to that before the encroachment was installed or performed, and requirements relating to the location and manner in which the restoration work shall be performed, as determined by the authority to be necessary for the function, operation, maintenance, and protection of the high-speed train system, including protecting the health and safety of the passengers or workers of the high-speed rail.
(c) An encroachment permit shall include a provision that requires the permittee to relocate or remove the encroachment if the encroachment is deemed by the authority to impact high-speed train system operations, safety, or maintenance at any point of time or if future repair, rehabilitation, or improvement of the high-speed train system requires the relocation or removal of that encroachment, at the sole expense of the permittee.
(d) (1) Except as otherwise agreed in writing between the authority and permittee, an encroachment permit shall be unalterable and nontransferable. Any modification or transfer may only occur with written approval of the authority.
(2) An encroachment permit may be revoked for failure to comply with the requirements prescribed in the permit.
(3) An encroachment shall be removed upon the revocation of the applicable encroachment permit. The permittee shall remove the encroachment in the manner as may be specified by the authority in the notice revoking the encroachment permit and within the time specified by the authority, which time shall not be less than five days, unless the revoked encroachment permit otherwise provides.
(e) The authority may inspect the work performed under any encroachment permit issued under this chapter, in which event the permittee shall pay the cost of that inspection to the authority at the authority’s hourly rate, as determined by the authority.
(f) Before issuing an encroachment permit, the authority may require any applicant, other than a county, city, city and county, or public agency that is authorized by law to establish and maintain any works or facilities within the authority’s operating right-of-way, to file with the authority a satisfactory bond payable to the authority in an amount that the authority determines to be sufficient, conditioned on the proper compliance by the permittee with this chapter. The authority may require a bond, in an amount that the authority determines to be sufficient, from a county, city, city and county, or public agency that, before submitting an encroachment permit application, failed to comply with this chapter or with the conditions of a previous encroachment permit.
(g) Before issuing or executing an encroachment permit, the authority may require any applicant to provide proof of insurance naming the authority, its directors, and its employees as additional insureds in an amount reasonably necessary to protect the state’s interest.
Except as otherwise provided in a written agreement between the authority and a landowner or predecessor in interest, any person possessing a real property interest over a portion of the authority’s operating right-of-way shall be required to obtain an encroachment permit before commencing any activity within the authority’s operating right-of-way. The authority may waive the fee for obtaining an encroachment permit described in this section.
The authority may establish a fee schedule and charge fees in accordance with this chapter, except that a fee shall not be charged by the authority pursuant to this chapter to a county, city, city and county, or public agency. The fee schedule established by the authority shall not produce a total estimated revenue more than the estimated total cost to the authority for administering the provisions of this chapter, excluding the cost of issuing permits exempted by statute or regulation from the payment of fees. Funds from fees collected pursuant to this chapter shall be deposited into the High-Speed Rail Property Fund established pursuant to Section 185045.
(a) Except as authorized by the authority and agreed to in writing between the authority and a person, as provided by Section 185524, the authority may require the removal of an encroachment in the manner provided in this section if the encroachment exists within the authority’s operating right-of-way.
(b) (1) Except as provided in subdivision (e), notice shall be given to the owner, occupant, or person in possession of the encroachment, or to any other person causing or permitting the encroachment to exist, by serving a notice that includes a demand for the immediate removal of the encroachment from the authority’s operating right-of-way. The notice shall describe the encroachment with reasonable certainty as to its character and location.
(2) In lieu of service upon the person, service of the notice may also be made by registered mail, express mail, overnight delivery, or facsimile transmission. Electronic service, by either electronic transmission or electronic notification, of the notice may be made if service of the notice is also made by mail and posting for a period of five days followed by notification by express mail, overnight delivery, or facsimile transmission. Electronic service of any notice made pursuant to this chapter is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(3) If an owner, occupant, or person in possession of an encroachment is not present in the county in which the encroachment is located, the notice may be given to an agent of the owner, occupant, or possessor of the encroachment.
(c) The authority may remove from the authority’s operating right-of-way any encroachment that meets both of the following criteria:
(1) Not later than 60 days from the date on which a notice was given pursuant to subdivision (b), the owner, occupant, or person in possession of the encroachment has not asserted a right to be in possession consistent with Section 185528, and has not removed, or commenced to remove in a diligent manner, the encroachment.
(2) The encroachment obstructs, threatens, or prevents the proper operation, maintenance, or rehabilitation of the high-speed train system, or threatens the safety or health of the passengers or workers of the high-speed rail.
(d) The authority may immediately remove from the authority’s operating right-of-way any encroachment that meets both of the following criteria:
(1) Not later than three days from the date on which a notice is served pursuant to subdivision (b), the owner, occupant, or person in possession of the encroachment has not asserted a right to be in possession consistent with Section 185528, and has not removed, or commenced removing in a diligent manner, the encroachment.
(2) The encroachment poses an imminent threat to the integrity of one or more features of the high-speed train system, or to the safety and health of the passengers and workers of the high-speed rail.
(e) In the case of an emergency, the authority may take any action necessary to avert, alleviate, repair, or mitigate any threat to the high-speed train system, including the passengers or workers of the high-speed rail.
(f) (1) If the authority removes any encroachment upon the failure of the owner, occupant, or person in possession of the encroachment to comply with the notice given pursuant to this section, the authority or the Attorney General may file a civil action seeking the recovery of the expense of the removal and related costs.
(2) In addition to the recovery provided in paragraph (1), the authority or the Attorney General may seek the recovery of civil penalties of five thousand dollars ($5,000) for each day the encroachment remains after the expiration of the applicable response period described in subdivision (c) or (d).
(3) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to reasonable attorney’s fees and costs.
(g) (1) If the owner, occupant, or person in possession of the encroachment, or person causing or suffering the encroachment to exist, or the agent of any of these parties, disputes or denies the existence of the encroachment or asserts a right to be in possession consistent with Section 185528, the authority or the Attorney General may file a civil action to abate the encroachment as a public nuisance.
(2) If judgment is recovered by the authority or the Attorney General, the prevailing plaintiff may, in addition to having the encroachment adjudged a nuisance and abated, seek the recovery of a civil penalty of five thousand dollars ($5,000) for each day the encroachment remains after the expiration of the applicable response period described in subdivision (c) or (d).
(3) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to reasonable attorney’s fees and costs.
(a) Unless a person is otherwise authorized, by law or by an encroachment permit obtained by the person pursuant to Section 185524, it is unlawful for any person to do any of the following acts:
(1) Drain water, or permit water to be drained, from the person’s lands onto the authority’s operating right-of-way by any means, which results in damage to the high-speed train system or the authority’s operating right-of-way, except where the water naturally drains onto the authority’s operating right-of-way.
(2) Obstruct any natural watercourse in a manner that does any of the following:
(A) Prevents, impedes, or restricts the natural flow of waters from any portion of the authority’s operating right-of-way into or through the watercourse or high-speed train system’s cross drainage structures.
(B) Causes waters to be impounded within the authority’s operating right-of-way that damages the high-speed train system or the authority’s operating right-of-way, except where the water naturally drains onto the authority’s operating right-of-way.
(C) Causes interference with, or damages or makes hazardous the operation, maintenance, and rehabilitation of, the high-speed train system, or threatens the health or safety of the passengers or workers of the high-speed rail.
(3) Store or distribute water for any purpose to permit the water to overflow onto, or saturate by seepage, causing damage to, or to obstruct or damage any feature of the high-speed train system or any portion of the authority’s operating right-of-way.
(b) When notice is given by the authority, in the manner provided in Section 185530, to any person permitting a condition to exist, as described in subdivision (a), the person shall immediately cease and discontinue the diversion of waters or shall discontinue and prevent the drainage, seepage, or overflow and shall pay for the repair of any damage to the high-speed train system or the authority’s operating right-of-way. The person to whom the notice is provided may challenge, administratively in accordance with regulations adopted pursuant to Section 185526, or in a court of competent jurisdiction, the propriety of the determination by the authority.
(c) (1) If any person is notified pursuant to subdivision (b) and fails, neglects, or refuses to cease and discontinue the diversion, drainage, seepage, or overflow of the waters or to pay for the repairs, the authority may make repairs and perform work as it determines necessary to prevent the further drainage, diversion, overflow, or seepage of the waters.
(2) If the authority conducts repairs or performs work pursuant to paragraph (1), the authority or the Attorney General may file a civil action seeking the amount expended for those repairs and work, and a civil penalty of five thousand dollars ($5,000) for each day the drainage, diversion, overflow, or seepage of the waters is permitted to continue, after the service of the notice in the manner specified in this chapter.
(3) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to reasonable attorney’s fees and costs.
(a) (1) Any person who by any means injures or damages any feature of the high-speed train system or the authority’s operating right-of-way is liable for necessary repairs, and the authority or the Attorney General may file a civil action seeking the amount expended for the repairs.
(2) A prevailing plaintiff in an action brought pursuant to paragraph (1) shall be entitled to reasonable attorney’s fees and costs.
(3) Any repairs required pursuant to paragraph (1) shall be performed exclusively by the authority or its authorized contractors.
(b) Any person who willfully damages any feature of the high-speed train system or any portion of the authority’s operating right-of-way is guilty of a misdemeanor.
(a) A person shall not, by any means, without a permit issued by the authority, dig up, cut down, destroy, prune, trim, or otherwise injure any shrub or tree within the authority’s operating right-of-way.
(b) A person who violates subdivision (a) shall be liable for a civil penalty in the sum of five thousand dollars ($5,000) for each shrub or tree so damaged in an action brought by the authority or the Attorney General.
(c) In addition to the civil penalty provided in subdivision (b), the authority or the Attorney General may file a civil action seeking the actual costs incurred because of the damage to any shrub or tree on the authority’s operating right-of-way.
(d) A prevailing plaintiff in an action brought pursuant to subdivision (b) or (c) shall be entitled to reasonable attorney’s fees and costs.
Survey monuments shall be preserved, referenced, or replaced pursuant to Section 8771 of the Business and Professions Code.
All moneys recovered under the provisions of this chapter, except the award of any reasonable attorney’s fees and costs, which shall be provided to the recovering agency to recoup the cost of litigation, shall be deposited into the High-Speed Rail Property Fund established pursuant to Section 185045.
The procedures and remedies provided in this chapter are not exclusive and shall not prohibit the authority from exercising any other remedy provided by law to prevent damage to, or to protect, the high-speed train system, including the health and safety of the passengers and workers of the high-speed rail and the authority’s operating right-of-way.
The Department of the California Highway Patrol and all peace officers from local law enforcement agencies may enforce the provisions of this chapter with respect to the areas of the authority’s operating right-of-way under their respective jurisdiction and shall cooperate with the authority to that end.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.