High-Speed Rail Authority: property: operating right-of-way.

Removed the list of prior amendment dates (Senate March 25 and May 14; Assembly June 24, July 2, August 13, and August 21, 2026) from the header.

Added standard enrollment elements: 'Passed the Senate August 26, 2026' with Secretary of the Senate signature line, 'Passed the Assembly August 25, 2026' with Chief Clerk signature line, and a Governor receipt block with Private Secretary signature line.

Removed Assembly line-number markup (e.g., 'line 1', 'line 2') that was used to track changes during the amendment process.

Changed the digest reference from 'SB 1425, as amended, Cortese' to 'SB 1425, Cortese' and removed the fiscal notes line ('Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.') which are standard omissions in enrolled bills.

Section 185523 (franchise rights) was changed from an absolute prohibition ('No person has any franchise rights within the authority's operating right-of-way') to one with exceptions. Local governments retain the right to grant franchises in streets, highways, or freeways they control, and utilities retain the right to exercise franchise rights in those same roads. Where a road crosses the HSR right-of-way at separated grades, franchises are limited to the road surface, require the authority's prior written approval for any facility installation, and must comply with the encroachment permit process.

A new paragraph (2) was added to Section 185525(b) stating that an encroachment permit application submitted 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.' Such applicants are entitled to a permit as a matter of right, though they remain subject to all reasonable terms and conditions of the permit.

Minor corrections: a duplicate word ('and and') was fixed in Section 185527(d)(1), a spacing error ('right-of way') was corrected in Section 185530(c), and page numbers shifted from 94 to 93 due to reformatting.

Added an emergency access exception in Section 185522(d)(1): a person may enter the operating right-of-way without prior express consent if the entry is reasonable and necessary to respond to and mitigate an emergency situation, provided it does not further impede public safety. Previously, no entry was allowed without consent even under emergency situations.

Broadened the definition of 'qualified installation' in Section 185520(h) by removing the word 'new' and the phrase 'installed to accommodate new crossings or facilities.' Now any crossing, facility, or infrastructure installed on or after January 1, 2027 qualifies, not just new ones built to accommodate other new crossings.

Broadened the definition of 'qualified work' in Section 185520(i) by removing 'new' before 'qualified installation' and removing the limiting phrase 'that was previously installed, relocated, or replaced.' This expands what work is covered under the permit regime.

Expanded Section 185522(d)(2) to require the authority's notification and coordination rules to cover emergencies that protect life, health, property, essential public services, utility reliability, or public safety (adding 'utility reliability' and 'public safety'). Also added a new requirement that a person performing emergency work must immediately notify the authority.

Changed the fee exemption in Section 185529 from 'any public corporation' to specifically 'a county, city, city and county, or public agency.' This is more precise and explicitly includes local governments by name rather than using the broader term 'public corporation.'

Simplified Section 185521(c) to reference the defined term 'protected agreement' instead of restating the full definition inline, improving clarity without changing substance.

New definition of 'operating right-of-way' that limits protected property to land actually needed for tracks, stations, maintenance facilities, communications, energy generation and storage, embankments, drainage, access roads, and safety buffers. Property not necessary for construction, operation, or maintenance is explicitly excluded.

New definition of 'qualified installation' limited to new crossings, facilities, or infrastructure installed on the operating right-of-way on or after January 1, 2027. This creates a temporal cutoff that exempts all existing and pre-2027 installations from permit requirements.

New definition of 'qualified work' covering work to implement new qualified installations or repair/maintain/expand/relocate existing crossings. Emergency responses necessary to prevent threats to life, health, property, or essential public services are explicitly excluded.

New definition of 'protected agreement' referring to agreements or permits issued under Chapter 5 (Section 185500) for facilities within or affecting the operating right-of-way or high-speed rail property.

The encroachment permit requirement is narrowed from applying to all new crossings and entries into the authority's right-of-way to applying only to 'qualified installations and qualified work,' exempting existing infrastructure and pre-2027 installations.

The misdemeanor penalty for unpermitted encroachment is now specifically tied to violating the permit requirement in subdivision (a), and the digest notes 'except as provided' indicating new exceptions apply.

New provision (Section 185522(d)) prohibiting any person from entering the authority's operating right-of-way, including under emergency situations, without the authority's prior express consent. The authority must establish reasonable notification and coordination rules for emergencies related to encroachments.

New provision requiring parties with protected agreements to follow permit procedures set forth in their agreement, or if no procedure is prescribed, to follow this chapter's procedures.

Fee exemption expanded from 'any public corporation' to 'a county, city, city and county, or public agency,' broadening which local government entities are exempt from permit fees.

Permit revocation language changed from 'revocable and nontransferable' to 'unalterable and nontransferable,' meaning permits cannot be modified without written authority approval. Added explicit ground for revocation: failure to comply with requirements prescribed in the permit.

Civil penalty recovery language changed from the authority being able to 'recover' costs to needing to 'file a civil action seeking the recovery of' costs, clarifying that court action is required rather than automatic recovery. Attorney's fees and costs are now explicitly carved out from the fund deposit requirement.

The Attorney General is now explicitly authorized alongside the High-Speed Rail Authority to file civil actions, recover removal costs, seek civil penalties, and bring public nuisance abatement actions. Previously only the authority could take these enforcement actions.

A prevailing plaintiff in any civil action brought under the chapter (encroachment removal, water damage, or infrastructure damage) is now entitled to reasonable attorney's fees and costs. This was not previously provided.

Moneys deposited into the High-Speed Rail Property Fund are now explicitly carved out for 'the award of any reasonable attorney's fees and costs provided to the recovering agency to recoup the cost of litigation.' Previously all collected moneys were required to go into the fund without exception.

The detailed structure of Section 185045 (High-Speed Rail Property Fund) was simplified. The old version had separate paragraphs specifying exactly which revenue sources could be used for which purposes; the new version consolidates this into a simpler framework while preserving the same functional allocation.

Any repairs required for damage to the high-speed train system or right-of-way must now be performed exclusively by the authority or its authorized contractors. This prevents third parties from performing the repairs themselves.

In the water management section (Section 185532), a person notified of a drainage or seepage problem can no longer choose to perform the repairs themselves; they must now 'pay for the repair' rather than 'repair, or pay for the repair.'

The explicit prohibition that 'no county, city, or city and county has any right to grant a franchise within the authority's right-of-way' was removed. The remaining text still states no person has franchise rights there, but the specific bar on local government franchise-granting authority is gone.

The chapter title was changed from 'Care and Protection of the High-Speed Rail System' to 'Care and Protection of the High-Speed Train System,' aligning with the defined term used throughout the chapter.

Section 185522(a) was amended to add a new subdivision (a)(2) that limits the encroachment permit requirement to only 'a new crossing of, or new entry into, the authority's right-of-way, and to new work on an existing crossing of, or entry into, the authority's right-of-way.' Previously, the permit was required for any encroachment within the right-of-way. This is a major narrowing of who must obtain a permit.

A new subdivision (c) was added to Section 185521 stating that the chapter 'does not alter or impair any right that a person obtained pursuant to 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 right-of-way.' This protects existing rights granted under prior legislation.

Two new definitions were added to Section 185520: 'new crossing' (a new crossing, facility, or infrastructure on the authority's right-of-way installed to accommodate new crossings or facilities) and 'new work' (work necessary to implement a new installation, or to repair, maintain, expand, or relocate an existing crossing or structure). These definitions support the narrowed permit scope.

Section 185045 was restructured to more clearly separate fund uses: revenues from property sales/leases and penalties are available for development, improvement, and maintenance of the high-speed rail system, while fee revenues are specifically earmarked for administration of Chapter 6. The prior version had a less clear structure due to amendment markup.

The fiscal committee designation changed from 'no' to 'yes' and the state-mandated local program designation changed from 'no' to 'yes,' indicating the bill now has recognized fiscal impacts on local agencies and creates state-mandated local programs.

Added an entirely new Chapter 6 (Sections 185520-185538) to Division 19.5 of the Public Utilities Code, establishing a complete encroachment permit program for the High-Speed Rail Authority's right-of-way. The original bill contained only a single section stating legislative intent.

Created misdemeanor penalties for (1) installing or performing an encroachment without a permit and (2) willfully damaging any feature of the high-speed train system or right-of-way. Also created civil penalties of $5,000 per day for continued unauthorized encroachments after notice, and $5,000 per shrub damaged without a permit.

Authorized the California Highway Patrol and all local peace officers to enforce the new chapter within their respective jurisdictions over the authority's right-of-way, with a duty to cooperate with the authority.

Established a permit application process with 60-day approval/denial timelines, appeal procedures to the executive director, bond requirements, insurance requirements, and mandatory restoration obligations for permittees. Permits are revocable and nontransferable by default.

Made it unlawful to drain water onto the right-of-way causing damage, obstruct natural watercourses in ways that impede drainage or cause flooding on the right-of-way, or store/distribute water that overflows onto the right-of-way. Violators must cease the activity and repair damage upon notice, with $5,000 per day penalties for non-compliance.

Amended Section 185045 to expand the High-Speed Rail Property Fund to also receive moneys from Chapter 6 (permit fees and civil penalties). All moneys collected under the new chapter must be deposited into this fund. Penalty moneys become available for development, improvement, and maintenance of the rail system upon legislative appropriation; fee moneys become available for administering the permit program.

Fiscal notes changed from 'Fiscal committee: no' and 'State-mandated local program: no' to 'Fiscal committee: yes' and 'State-mandated local program: yes,' reflecting that the bill now creates new crimes imposing costs on local agencies. A no-reimbursement provision was added based on the new-crime exception.

Added definitions for 'emergency,' 'encroachment' (covering both physical installations and activities/intrusions), 'encroachment permit,' 'high-speed train system,' 'person' (broadly defined to include government entities), and 'right-of-way' (any property interest acquired for high-speed rail purposes).