It is well-known that the California High Speed train is significantly over the costs and behind the construction and completion schedule that were approved, possibly with no end in sight. It would have been better for the project to be completed in stages that would have been economically and passenger worthwhile. For example, I read the High Speed Authority reports from time to time, aside from the fact that they are written like push promotions, sometimes there are worthwhile comments such as that the train will not be profitable (if at all) until the line into the Bay Area is completed. The problems with the project are too many to list – I prefer to deal with the current state of the project as a whole and where it might or might not go from this point.
I do favor some form of high speed transportation in Northern California linking the central valley to the Bay Area. I cannot currently speak about the prospects for Southern California; however, as Southern California is more geographically spread out, it is more difficult to build a line that will effectively serve high density business and population areas. I do wish that the initial rail line into the Bay Area was over the Altamont Pass instead of up through the Gilroy southern route (or actually, both routes are needed).
I have pasted below a scan and a link to a californiaglobe.com article discussing some of the cost overruns and time delays. The entirety of the project was projected to cost $33 billion and was to be completed (LA to San Francisco) by 2028. The current cost projection is $135 billion with only Bakersfield to Merced to be completed perhaps by approximately 2033. Based on history, I would expect both of those projected costs and the delays to increase. Further, the project basically has to continually obtain new funding to build additional construction – that is, the money to build further isn’t there, but must be obtained, and obtained again, and obtained again on an ongoing basis for there to be additional construction.
In any event, with the costs and delays the project is not what was approved in 2008, or anywhere close to what was approved, which perhaps presents an interesting legal issue: at what point, if any, does or can a project or its costs become deemed not approved by the voters due to significantly different or changed actual facts?
However, the current situation does present a good opportunity for the High Speed Authority to discuss and justify the current status and the eventual projections for the completion of the project (or if only projected partial completion v. full completion), including projected costs, timing, ridership, costs to operate, anticipated revenue, sustainability, etc., that are realistic and verifiable. I recommend a risk management process approach – as one example, I have also pasted below my risk management processes slide.
My 11-point simple risk management slide:
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David Tate, Esq. (and inactive California CPA) – practicing only as an attorney in California.
David Tate, Esq. California (and inactive CPA) – Trust, estate, probate and elder abuse disputes, litigation and contentious administrations and special assets; business litigation and internal and co-owner business disputes, litigation, governance, boards, investigations and audit; real property and co-owner disputes and litigation; mediator and dispute resolution services; and social and digital media for law, people, businesses and legal risk management. 