Cal. PUC § 185033.7 — California Code / Code puc / Division 19.5 / Chapter 3 / Section 185033.7
Section 185033.7
Status: in_force

(a) For purposes of this section, the following definitions apply:

(1) “Merced to Bakersfield segment” means a 171-mile electrified dual-track segment that is usable for high-speed rail service in the central valley from Merced to Bakersfield, with a new combined station in downtown Merced, and connections to the Amtrak San Joaquins and the Altamont Corridor Express.

(2) “Phase 1 System” means Phase 1 of the high-speed train project described in Section 2704.04 of the Streets and Highways Code.

(b) (1) As part of the project update report that is due on or before March 1, 2023, pursuant to Section 185033.5, the authority shall develop schedules related to the delivery of all of the following tasks:

(A) Completion of the 119-mile dual track segment from Madera to Poplar Avenue, which means Avenue 19 in the County of Madera to one mile north of the Tulare-Kern county line southward to north of Bakersfield, currently near Poplar Avenue.

(B) Completion of right-of-way, planning, and advance engineering for extensions to Merced and Bakersfield.

(C) Completion of an agreement or agreements between the state, the San Joaquin Joint Powers Authority, the San Joaquin Regional Rail Commission, and the authority that details the role of each in planning, constructing, and funding the connection in the City of Merced.

(D) Completion of an agreement or agreements between the state, the San Joaquin Joint Powers Authority, the San Joaquin Regional Rail Commission, and the authority covering the planning, funding, and operation of the proposed high-speed rail services from Merced to Bakersfield and the authority and approval for the San Joaquin Joint Powers Authority to contract for the operation of the high-speed rail services.

(E) Provision of an updated cost estimate with a stated probability level, or levels, of its ongoing contracts and for the work it is funding and managing that is required to complete the Merced to Bakersfield segment extensions.

(F) Completion of a funding plan that includes any additional federal funding awards for the Merced to Bakersfield segment.

(G) Additional milestones required for the completion of the Merced to Bakersfield segment and the full Phase 1 System pursuant to subparagraphs (A) to (F), inclusive.

(2) The delivery schedules developed pursuant to paragraph (1) shall be included and updated in each subsequent business plan adopted pursuant to Section 185033 and project update report prepared pursuant to Section 185033.5.

(c) (1) In order to demonstrate reasonable likelihood of adequate funding to complete the Merced to Bakersfield segment, the authority shall provide all of the following information in the project update report that is due on or before March 1, 2023, pursuant to Section 185033.5:

(A) Estimated and actual civil works costs of the Merced to Bakersfield segment.

(B) Estimated and actual right-of-way, acquisitions, utilities, and other third-party agreement costs.

(C) Estimates of contract costs, including contingencies to cover change orders.

(D) Other costs, estimated and actual, including, but not limited to, rolling stock, interim use, and stations.

(E) Costs reported in a manner than can be comparable across reports.

(F) Updates on the authority’s progress on achieving project milestones, as established in the project update report or the business plan adopted pursuant to Section 185033.

(G) Funding commitments beyond the Merced to Bakersfield segment, and spending to meet those commitments to date, including funding sources used to meet identified funding commitments.

(2) The information specified in paragraph (1) shall be included and updated in each subsequent business plan adopted pursuant to Section 185033 and project update report prepared pursuant to Section 185033.5.