What Do the Recent Developments Mean for California's High Speed Rail?

The California High Speed Rail has been making headlines lately, as certain developments and decisions have propelled it forward, while some ongoing hurdles still need to be overcome. This is after all a tremendous project which will most likely continue to face challenges even as construction work is executed. Many California residents have been and will be affected by the project, as it progresses through each stage. This will serve as an overview of where the project currently stands and what impacts we can expect to see from recent legal decisions as well as the work of the High Speed Rail Authority.  

The High Speed Rail Authority this week achieved an important victory when a Superior Court judge ruled in it’s favor in a lawsuit where opponents claimed current plans are in direct violation of the 2008 bond measure that set forth the parameters of the high speed rail project.

Although the overall sentiment regarding the high speed rail in California has been declining since voters approved the project in 2008,  it appears to have the backing of the state government as well as the courts. In the aforementioned case, plaintiffs claimed that because of significant changes and modifications,  the high speed rail in it’s current form has pivoted too far away from what voters approved in 2008. They argued that plans have been altered to such an extent that the project no longer aligned with  the initial cost, construction schedule, and the bullet train’s service once it’s built.   

In the 2008 bond act, important criteria were laid out for the building schedule of the various portions of the project, ultimately to span from Sacramento to San Diego, as well as the operation of the actual bullet train. Recent plans have the high speed rail sharing a track with a commuter train in Northern California, thereby increasing  expected travel time. Train service that fails to meet the required maximum travel time between certain points were specifically cited in the lawsuit. The judge however, stated in his ruling that nothing in the Bond Act precluded the High Speed Rail Authority from making changes that are necessary to facilitate the rail’s progress and that due to the dynamic nature of the project the Authority still has the opportunity to meet the Bond Act’s requirements.

At each step the high speed rail authority is re-evaluating and changing  plans, as unexpected challenges arise. This is perhaps most evident when it comes to  condemnation and land acquisition. In the San Joaquin Valley, the eminent domain process is taking much more time than anticipated. The process of negotiating with landowners, which can certainly be lengthy due to the complicated nature of eminent domain proceedings, is more protracted than the high speed rail authority counted on initially. Furthermore, as original plans for the rail have changed course, additional land acquisition has become necessary. According to the Fresno Bee, as of last month 668 properties of the 1,468 required for the project have been acquired by the High Speed Rail Authority.

The above-mentioned lawsuit held that a scenario where the High Speed Rail ran on the same tracks as a commuter train would be anathema to the service promised by the Bond Act.  It’s possible that the electrification of Caltrain, a commuter line that serves the Bay Area, could facilitate the construction of the High Speed Rail sooner in that region than expected.

Finally, a large engineering/infrastructure  corporation based in Spain, called Ferrovial, has cemented a deal to build a portion of the high speed rail located between Fresno and Bakersfield. Ferrovial will be carrying out construction and relocation work in an area spanning approximately 22 miles, and is expected to be completed by 2018.

An Overview of Challenges and Possible Improvements to Pedestrian Safety in California

In California we’re seeing a lot of rapid changes in transportation. We’re a state that’s been shaped by personal vehicles, and automobiles still play a large role on our roads, but we’re seeing a transformation in terms of public transportation, ride share and even driverless technology. All of this creates new challenges for California citizens and authorities, not the least of which is regarding safety.  As the transportation landscape changes and more Californians are exploring alternatives to their personal vehicles, it’s important to take a look at pedestrian safety – what we’re seeing from law enforcement and transportation authorities and what rights and responsibilities pedestrians should be aware of.

It’s important to note that California has the highest rate of pedestrian deaths, a number that went up from 2013 to 2014. Although it’s not easy to specify one or two reasons that explain the rising number of pedestrian fatalities, we do know that following the rules of the road is an extremely important factor when it comes to reducing death and injury. This is evidenced by the fact that, according to the above-linked article, speed was a determining factor in whether a pedestrian would be fatally wounded in the collison.

Some communities are taking steps to address the high numbers of accidents and deaths involving pedestrians in California. This Friday in Thousand Oaks, expect the Ventura County Sheriff’s department to increase enforcement of road and moving violations in an effort to curtail pedestrian injuries. Highlighting the importance of safe and legal driving, as well as walking or bike-riding, law enforcement in this area will be closely monitoring drivers who disobey traffic laws by speeding, failing to stop and turn where required as well as pedestrians whose actions are dangerous and possibily illegal. Similar efforts are taking place in Santa Barbara, where more officers are patrolling in high-risk areas and taking increased measures to crack down on all traffic violations.

What responsibilities fall on the pedestrian? The California Vehicle Code (“CVC”) puts the onus on the driver to take appropriate steps to ensure the safety of pedestrians, but CVC Section 21950 (b) also states:

“This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”

Therefore, pedestrian behavior relative to areas where vehicles are tavelling can also be unlawful.

As noted above, while we know that traffic offenses could contribute to pedestrian injuries and fatalities, we don’t always know what more can be done to tak effective safety measures. Authorities are taking steps to address the underlying issues, particularly where there is a markedly high number of fatalities. Law enforcement agenices in San Diego were recently the recipients of a large grant from the California Office of Traffic Safety.  According to a statement made by a law enforcement officer in this San Diego Union-Tribune article, some of the grant funds could go towards a program that will help pinpoint the geographic areas where a majority of accidents take place, and then discover what makes these spots so dangerous for pedestrians and bicyclists.

In addition to law enforcement agencies, pedestrian safety and accident reduction can naturally also be address with engineering projects. In Los Angeles areas with a high amount of pedestrian traffic we may find what are known as scramble crossings, such as the nearly dozen new ones expected to appear in Santa Monica this spring. Scramble crosswalks, also known as pedestrian scrambles, facilitate pedestrians to cross intersections diagonolly in addition to the standard crosswalks which form right angles. Urban planners and engineers could pivot more towards pedestrian-friendly projects such as these to accommodate rising modes of alternative transporation.

Green Building and the California Construction Industry, Current Trends Shaping the Industry's Future

California builders have a brighter outlook now than they have in years as the construction industry starts to rebound from the losses of the Recession. As it does so, industry leaders are looking at a fresh approach to prevail over the obstacles that continue to impede the construction industry’s growth. With a need to stay ahead of the curve in order to be successful, residential and commercial builders are looking towards environmental considerations such as sustainable building materials, energy efficiency & accommodating the conditions & needs of a state undergoing a serious drought.

The construction industry in California is subject to a variety of influences that steer it accordingly. Not to be overlooked are the needs and priorities of home and business owners themselves, who are becoming more conscious of the benefits of eco-friendly options and modifications to their homes. The significant inroads that green construction has made is evidenced by that fact that the past year showed a record-breaking number of solar panel installations, with California leading the way. Recently California was named 7^th in the nation for the amount of LEED-certified space currently in existence. LEED-certification takes into account certain green-building standards that are recognized to reduce environmental impact as well as increase energy-efficiency and keep down costs.

As the construction industry continues to grow, and demand for new projects rises, another component becomes a consideration for builders and developers: competition. Builders want to make themselves stand out to potential customers and one way they are doing it is by lowering their prices. In order to remain competitive and justify the expense, builders may choose to pursue an eco-conscious approach. As the construction industry recovers, home builders in particular are slow and careful in how they’re proceeding, and energy-efficiency is an important way they can continue to thrive. Businesses that exemplify the California way of life are considering the environment as well as the well-being of their employees when building new work spaces. The USGBC in their document “The Business Case for Green Building” claims that commercial building owners and their tenants, as well as homeowners, see tangible benefits from building green such as reduced operating costs, attracting and keeping tenants and even increased productivity.

There is another important consideration in the construction industry today, in California and all over the United States, and that’s climate. Weather conditions have had significant impact on our lives in the past few years, and Californians have certainly felt it. We regularly experience wildfires and power outages as a result of wind and dry conditions; we have an ongoing drought and when it does rain, floods and mudslides are not an uncommon occurrence. Providing a solution for these concerns is the newest line of thought in construction known as “Resilient Design”.

Resilient Design takes into account the effects of natural events and integrates building techniques that keep these effects from taking a significant toll on the building’s structural, electrical and design elements. There are certainly a few important characteristics of Resilient Design that might be relevant for California’s residential builders and homeowners, according to a recent Washington Post article.

The Resilient Design Institute has created a set of guiding principles and strategies to put the idea of more intuitive and informed design into practice. Those strategies include building with climate and weather conditions in mind, consider possible eventualities rather than rely on precedents that may not remain relevant, install a failsafe in case of power loss and of course use materials that can stand up to inclement weather conditions. There are also environmental considerations such as local, eco-friendly materials, reduced waste, energy-efficiency and water conservation.

Then, of course there’s the drought. In 2015, Governor Brown signed an executive order that aims to reduce water use in California cities. In order to achieve higher levels of water-efficiency, California authorities have had to implement new rules regarding landscape design in new construction. The intent is to reduce water needs in coming years as more homes emerge with a lawn of the size and composition that complies with the new state regulations.

The California drought affects residents in startling ways. For example, dry conditions have affected California’s hydroelectric power resources, thereby driving up electricity costs and negatively impacting the environment. Going forward, new construction will have to take precautions to improve energy-efficiency in order to prevent potentially expensive and burdensome circumstances for residents in the future.

As environmental, legislative, economic and social factors continue to drive us towards a greener future, the construction industry will no doubt be at the forefront. Each step is a measured one, and the industry, sensing the value of a green approach, will certainly be carefully assessing it as part of its overall strategy during the recovery.

What Developments are at the Intersection of Electric Vehicles and the Construction Industry?

                                             Image By Fortunate4now (Own work) [CC0], via Wikimedia Commons

Construction and technology have always been deeply connected, and as the “internet of things” grows, there’s a new element to be considered in this partnership: personal vehicles.  Never has technology been so ingrained in our daily lives, and the construction industry is in a special place to feel the effects of this shift. The influence of tech and green building trends leads one to ask how electric vehicles will be a factor in construction in the coming years.

Changes will most likely have their roots in legislation, as evidenced by the addition to this year’s green building code of certain mandatory considerations for electric vehicle charging facilities. Government policy decisions are the single largest factor in the scope and timing of electric vehicle accommodations in California.  Having said that, a mix of policymaking, administrative, environmental and even cultural forces will determine the outcome of electric vehicle facility implementation.

In the last week , Governor Brown signed an expansive energy plan for the state which aims to increase renewable energy sources and decrease emissions. As part of this plan, in an effort to reduce reliance on gas, there is a stimulus program for utilities to build more EV charging stations. Utilities have already begun work on overhauling the foundation for EV charging, but regulators are quick to put up roadblocks in order to force proper assessment and planning of any such projects. Recently a proposal by PG&E to hike electricity rates in order to fund an EV infrastructure project was found to be overly ambitious and rejected in its current form by the California Public Utilities Commission. This slows things down, but it ultimately won’t stop the project from progressing.

Meanwhile, businesses like this luxury hotel chain are installing EV charging stations in an attempt to be more competitive in the market, a sign that maybe EVs are becoming an important part of our country’s transportation system and not just a novelty.

As the state implements the governor’s energy policy and the public utilities expand EV infrastructure, it stands to reason that electric vehicle ownership could increase in response. As it is there are more EVs on the road than public charging stations, and this is causing problems among California drivers.  In the coming years, we could see a jump in electrical contractors in the State of California obtaining certifications to install EV chargers, as well as  hose facilities becoming more the norm in new construction projects.

What Implications do the Latest Ride-Share Rulings Have for California’s Changing Transportation Landscape?

To a lot of Californians, Uber, Lyft and the like represent the future – the transportation network companies (“TNC”) are using technology to change the way people view transportation.  There are a lot of legal and regulatory shifts, however, that will determine ride-sharing’s ultimate fate.  One of these developments is a recent vote in the State Assembly against requiring random drug testing for drivers that work for ride-sharing companies. While everyone else who is paid to drive passengers is subject to random drug testing, TNC drivers are now exempt.

Ride-sharing companies are not unaware of the fact that their very business model could bring about changes in how regulators view the passenger transportation industries. While TNC services don’t have the same requirements for drivers as taxis, limo drivers, etc. they have something else – technological advancements that allow information to be passed rapidly which then translates to quick action when passenger safety is at issue.

That being said, there is also a pushback against the very framework of the TNC’s – not just from other businesses that transport individual passengers, but from those on the street, so to speak. This was brought into sharp relief when the California Labor Commission ruled on one particular Uber driver this month who sued Uber, deciding that she was an employee and not an independent contractor as TNC drivers are purported to be.

On a different note, arguably in an act that legitimizes the ride-sharing model, the California Insurance Commission authorized Farmers Insurance to provide additional coverage to TNC drivers that protects them during a period of time when drivers heretofore found themselves with no coverage whatsoever. “Period one” as it’s known.

Here is Farmer’s official Rideshare Policy Extension:

What does Farmers Rideshare cover?

Farmers Rideshare extends your personal auto insurance coverage until you accept a ride and the rideshare company’s full $1M commercial coverage applies. This policy enables you to select the coverage that fits your needs, including:

Comprehensive and collision coverages that pay for damages to your car

Uninsured motorist coverage, in case you are hit by a driver who isn’t insured or is                             underinsured

Medical payment and personal injury protection (if required)

Farmers Rideshare coverage ends when you accept a ride. The rideshare company’s full $1M commercial coverage applies until that ride exits your car. Farmers Rideshare once again applies until you accept your next ride.

Perhaps one of the most telling signs that changes to our transportation system are on their way is the announcement by Los Angeles Mayor Garcetti that the LADT is hiring an ride-share and autonomous car advisor, to assist in transitioning to a new era molded by environmental and technological developments.

Construction and the California Drought, Part 2: New Building Codes and the Partnership between Housing Authorities and Local Water Districts

The construction industry has a complicated relationship with the California drought, which is now getting close to a fifth year.  Gains in the construction industry helped the California economy bounce back from the effects of the recession, and it’s kept going at a sustained pace in order to meet the needs of a constantly growing population. To put any restrictions on construction in the midst of California’s water shortage doesn’t make a lot of sense, due to the above-mentioned housing demand and the economic boost that the industry facilitates.

However, last month, the State Water Resources Control Board approved emergency regulations which are intended to meet the 25% reduction in state water use ordered by the Governor. California authorities are taking steps to relieve water demands, allowing construction to proceed under more drought-friendly conditions. Then, on May 29^th, the California Building Standards Commission approved emergency regulations revising the 2013 Green Building Standards that substantially reduce the amount of water that may be used by new developments. Under the new standards, new construction on an area of land larger than 2,500 square feet will have to meet lower water usage requirements.

These rules are intended to reduce the water that homeowners use on their lawns, requiring developers and contractors to use less grass and take other measures to limit water needs, thereby instituting more drought-resistant landscapes in California.  

Is there anything else that a builder will have to consider in the near future when it comes to water conservation and efficiency? In the early 2000’s, the California legislature passed Senate Bills 221 and 610, which aimed to enhance the relationship between new land development and water availability. As a result of these laws, especially during the drought, local water districts and community planning departments have been drawn closer together. 

Some of these effects have been described in a recent article in the Press-Enterprise. For the Yucaipa Valley Water District for example, the water allocation pattern has changed to put the community’s needs before that of new construction, and requires developers to pay for a certain amount of water which the water district will then set aside.

There are many ways in which government agencies, builders, landscapers and homeowners will have to work together to reach the water usage level ordered by the governor. We are already seeing plans move ahead to improve water efficiency, recycle water and of course, conserve. Reducing how much water we’re using on our lawns is just the first step that we have taken to address California’s extreme drought.

How will the Drought Impact California’s Construction Industry?

Perhaps no issue has been more pertinent to Californians in recent times than the increasingly troubling drought, the worst in over a millennium, which is already beginning to affect residents in real ways. It appears that the future of the state will be determined by the response to the dwindling resource. The drought may be a major factor in how things shape up for the state of California in coming years and beyond. It’s worth it to take a look at how the current conditions are intersecting with residential, commercial and public construction in California and what the implications are for the state’s changing landscape.

A discussion about dealing with the water shortage can’t truly take place without getting clarity on the issue. It has been pointed out that by far the largest amount of water is consumed by the state’s agriculture, which has also been the hardest hit by the drought, with 80% of the resource being used by farmers.

Due to the state’s water rights, which put some at an advantage, farmers are already struggling, and the future of agriculture is uncertain. Some believe that changes to agricultural land are inevitable, either in the form of more suburban developments, or in the construction of the High Speed Rail, which may lead to increased urbanization.

For California contractors and developers, the drought may mean less suburban sprawl and more mixed-use buildings, or other water-saving considerations. For example, Orange County is currently dealing with a housing shortage for its growing population, but the drought presents difficulties for new home construction. Officials claim that water efficiency is one solution to new construction during a time when water conservation is imperative:

“Water officials and environmentalists say development can occur with improved conservation…For example, developments now use water-conserving fixtures and landscaping. The Santa Margarita Water District is partnering with developer Rancho Mission Viejo to capture urban runoff for irrigation.”

There may also be a growing need for construction projects that will serve water conservation goals, such as desalination.

Contractors and homeowners are already seeing long term effects on the horizon, as local water districts consider restrictions on emptying swimming pools, as well as outright bans on the construction of new pools, while drought tolerant landscaping may replace green lawns in many California neighborhoods.  It seems clear that Californians will have to adapt to drought conditions in order for housing, construction and the economy to thrive.