Kopp: Governor's comments on HSR "irresponsible"

Quentin Kopp: Legislature may try to nullify HSR court decision

by Kathy Hamilton

August 22, 2013

Judge Quentin Kopp, former High-Speed Rail Authority Chairman, has been an avid supporter of High-Speed Rail for decades. But his feelings have changed, not because the concept of high-speed rail is a bad one, but because “the project is not being lawfully executed as it was envisioned or voted on by the public.” 

Going one step further, he signed a declaration as an expert witness in the Tos/Fukuda/Kings County lawsuit, also called the Prop 1A suit, writing about the illegalities of the project. Part 2 of the case will be heard later this year. 

One of Quentin Kopp’s complaints is that high-speed rail money is being used for local transit: giving bond money reserved exclusively for high-speed rail to Caltrain on the Peninsula. He believes what’s needed is a fully grade separated 4 track system. Kopp says, “It is the only way they could make the speed, the times, the revenue, and not have a subsidy.” 

Regarding the ruling of Judge Kenny, retired Judge Quentin Kopp thought, “the ruling was extremely well-written especially on the technical issues concerning mandamus claims and the judge was very clear on the ruling.” 

Judge Kopp was surprised at Governor Brown’s comment about there being “lots of room for interpretation when the ruling was unequivocal." He thought the governor’s comments were “irresponsible comments of the worst kind. On the face of it both the words and actions of both Jerry Brown and the Authority Board Chairman, Mr. Richards, appear irresponsible.”

“Any progression of the project should be after the remedies hearing and perhaps even until after the finish of part two of the Tos/Fukuda/Kings County lawsuit, which could begin sometime in November,” said the former HSR Authority Chairman. Kopp believes that this ruling could affect the result of the Bond Validation trial set for September 27, 2013 and does not believe that the State Treasurer Bill Lockyer will consider selling the state bonds for the project until the Tos case is fully heard and decided...

In Judge Kenny's ruling, “The Court further notes that Section 2704.08 (d) requires the Authority, prior to committing any proceeds of bonds for the project, to prepare and approve a second funding plan and submit it to the Director of Finance and the Chairperson of the Joint Legislative Budget committee, along with a report prepared by independent parties [required by statute]." 

The Authority has not submitted a second funding plan yet however they have been engaged in property acquisition activities in Fresno. They are also actively working with Caltrans on the construction project for relocation of Hwy 99 in the Fresno area in connection with the High Speed Rail Project...

Does Quentin Kopp think there was a path to a legal project for what the Authority is planning today? He did not think so. He felt a revote about what is proposed today would end up not passing...

Mr. Kopp makes two parting predictions. First, under the leadership of Senate President pro-tem, Senator Darrell Steinberg, the legislature will attempt to pass a new law that will exempt the High-Speed Rail project from the California Environmental Quality Act (CEQA). Second, that a bill will be floated to assign all cap and trade revenue to the High-Speed Rail Project. If moves like this were attempted, it would be proof positive the Legislature and the Governor believe there is real danger in the court's ruling. This would be seen as attempt to legislate their way out of a court ruling and evade the protections in Prop 1A that people voted for. And last, this would send a message to the public about the damage and danger of what a supermajority party can do...