Sacramento Superior Court Considers Punishment for CHSRA’s Violation of 2008 Ballot Proposition

In August, we reported that Judge Michael Kenny ruled that the California High Speed Rail Authority (CHSRA) violated the voter- approved, 2008 Proposition 1A by advancing a funding plan that did not specifically identify sources of funds.

Proponents of the high speed rail argue that since the plan was approved by the California Legislature, only it can retract or alter it. The group also argues that the plan has been revised since the ruling, and thus the hearing on Friday, to decide whether any punishment should be doled out for the violation, was no longer relevant in light of the amended plan.

Opponents of the rail demand that the court order recession of construction contracts the state has already entered into or embargo the bond money so that further funds are not spent on the project, which has already been delayed by approximately four months.

As the rail authority begins to design and engineer the project, opponents are asking where the money is actually coming from. Proponents claim that only federal funds are being used for the initial stages before construction, but the opposition points out that the state is obligated to match the federal funds it expends with taxpayer money.

The Court has not issued a ruling regarding CHSRA’s punishment for defying California voters, but state has already issued over $700 million in bonds pursuant to the proposition.