BILL NUMBER: AB 153 INTRODUCED
INTRODUCED BY Assembly Member Ma
JANUARY 23, 2009
An act to amend Section 1245.210 of the Code of Civil Procedure,
to amend Sections 15853 and 15855 of the Government Code, and to
amend Sections 185032 and 185036 of, and to add Section 185026 to,
the Public Utilities Code, relating to high-speed rail.
LEGISLATIVE COUNSEL'S DIGEST
AB 153, as introduced, Ma. High-Speed Rail Authority.
(1) Existing law creates the High-Speed Rail Authority with
specified powers and duties relating to the development and
implementation of an intercity high-speed rail system. Existing law
authorizes the authority to prepare a plan for the construction and
operation of that system and to enter into contracts, acquire
rights-of-way through purchase or eminent domain, and take other
actions, subject to specified contingencies. Under existing law, a
public entity may not commence an eminent domain proceeding until its
governing body has adopted a resolution of necessity that meets
certain requirements. Existing law generally prohibits a state agency
from employing legal counsel other than the Attorney General unless
there is a specific statute authorizing that employment.
This bill would eliminate those contingencies to the exercise of
the authority's authority and would specify that the authority
constitutes a "governing body" for the purpose of adopting a
resolution of necessity. The bill would authorize the authority to
employ its own legal staff or contract with other state agencies for
legal services, or both.
(2) Existing law requires that all real property and interests in
real property to be acquired by or for any state agency, with
specified exceptions, be acquired by the State Public Works Board.
This bill would exclude the High-Speed Rail Authority with respect
to property acquired for the construction of a high-speed rail
system from the above requirement.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1245.210 of the Code of Civil Procedure is
amended to read:
1245.210. As used in this article, "governing body" means:
(a) In the case of a taking by a local public entity, the
legislative body of the local public entity.
(b) In the case of a taking by the Sacramento and San Joaquin
Drainage District, the State Reclamation Board.
(c) In the case of a taking by the State Public Works Board
pursuant to the Property Acquisition Law (Part 11 (commencing with
Section 15850) of Division 3 of Title 2 of the Government Code), the
State Public Works Board.
(d) In the case of a taking by the Department of Fish and Game
pursuant to Section 1348 of the Fish and Game Code, the Wildlife
(e) In the case of a taking by the Department of Transportation
(other than a taking pursuant to Section 21633 of the Public
Utilities Code or Section 30100 of the Streets and Highways Code),
the California Transportation Commission.
(f) In the case of a taking by the Department of Transportation
pursuant to Section 21633 of the Public Utilities Code, the
California Transportation Commission.
(g) In the case of a taking by the Department of Transportation
pursuant to Section 30100 of the Streets and Highways Code, the
California Transportation Commission.
(h) In the case of a taking by the Department of Water Resources,
the California Water Commission.
(i) In the case of a taking by the University of California, the
Regents of the University of California.
(j) In the case of a taking by the State Lands Commission, the
State Lands Commission.
(k) In the case of a taking by Hastings College of Law, the board
of directors of that college.
(l) In the case of a taking by the High-Speed Rail Authority
pursuant to Section 185036 of the Public Utilities Code, the
High-Speed Rail Authority as established in Section 185020 of the
Public Utilities Code.
SEC. 2. Section 15853 of the Government Code is amended to read:
15853. (a) The board may select and acquire, in the name of and
on behalf of the state, with the consent of the state agency
concerned, the fee or any lesser right or interest in any real
property necessary for any state purpose or function.
(b) If moneys are appropriated by the Budget Act for any fiscal
year or by any other act for the acquisition of land or other real
property, either (1) subject to this part or (2) for any state agency
for whom property is acquired by the board, the moneys and
acquisitions are subject to this part and the moneys shall be
expended in accordance with this part, notwithstanding any other
provisions of law.
(c) Notwithstanding any other provisions of law, all land and
other real property to be acquired by or for any state agency, other
than the Department of Transportation, the Department of Water
Resources, the State Reclamation Board, the Department of Fish and
Game, the Wildlife Conservation Board, the Public Employees'
Retirement System, the State Teachers' Retirement System, the
Department of Housing and Community Development, the High-
Speed Rail Authority, the State Lands Commission, except
for property to be acquired for the State Lands Commission pursuant
to an appropriation from the General Fund, and the State Coastal
Conservancy with respect to acceptance of offers to dedicate public
accessways made pursuant to Division 20 (commencing with Section
30000) of the Public Resources Code, shall be acquired by the State
Public Works Board in accordance with this part.
(d) (1) Notwithstanding subdivision (a), the board shall acquire,
on behalf of and for the Department of Parks and Recreation, in
accordance with this part, any interests in real property, including
options to purchase, which have been appraised, selected, and settled
through purchase negotiations by the Department of Parks and
Recreation pursuant to subdivision (b) of Section 5006 of the Public
Resources Code. Out of moneys appropriated for the acquisition of
options to purchase, no more than ten thousand dollars ($10,000) may
be expended for the acquisition of any single option unless otherwise
provided by the Legislature.
(2) Notwithstanding Section 15854, purchase negotiations for
interests in real property for the state park system pursuant to
subdivision (d) of Section 5006 of the Public Resources Code shall be
initiated within six months of the effective date of the act that
appropriates funds for the acquisition. Purchase negotiations on all
projects not proposed pursuant to subdivision (d) of Section 5006 of
the Public Resources Code shall be initiated within 12 months of the
effective date of the act appropriating funds for the acquisition.
Either title shall be conveyed or a written agreement to transfer
title shall be executed within the appropriate authorization period
unless the Department of Parks and Recreation formally abandons the
acquisition prior to the conclusion of the appropriate authorization
period. For the purposes of this section, in order for the Department
of Parks and Recreation to "formally abandon" an acquisition, it
shall transmit written notification to the board of its intent not to
proceed with the acquisition.
(3) The board, at any time during the periods specified in
paragraph (2), may commence condemnation proceedings if it finds it
to be appropriate. However, if, during the appropriate authorization
period, title is not conveyed or a written agreement to transfer
title is not signed, the acquisition has not been formally abandoned,
or condemnation proceedings have not been commenced, the Department
of Parks and Recreation shall notify, by letter, the chair of the
committee in each house of the Legislature that considers
appropriations, the Chair of the Joint Legislative Budget Committee,
and the Members of the Legislature within whose district any part of
the land or other real property is located of the status of the
acquisition. For the purpose of this paragraph, condemnation
proceedings shall be deemed to be commenced as of the date the board
authorizes acquisition by condemnation.
(4) The board may schedule special meetings as are necessary to
expedite the acquisition of options to purchase real property for the
state park system.
(e) The board may acquire furnishings that the owner thereof
agrees to sell and that are contained within improvements acquired by
the board. Cost of acquisition of furnishings shall be charged to
the appropriation available for acquisition of the real property.
SEC. 3. Section 15855 of the Government Code is amended to read:
15855. (a) Notwithstanding any other provision of law, except as
provided in subdivision (b), the State Public Works Board is the only
state agency that may exercise the power of eminent domain to
acquire property needed by any state agency for any state purpose or
(b) Subdivision (a) does not affect or limit the right of the
Department of Transportation, Department of Water Resources, State
Lands Commission, State Reclamation Board, Hastings College of the
or the Regents of the University of
California , or the High-Speed Rail Authority to exercise
the power of eminent domain. Subdivision (a) does not affect or limit
the exercise of the power of eminent domain by the Department of
Fish and Game pursuant to Section 1348 of the Fish and Game Code.
SEC. 4. Section 185026 is added to the Public Utilities Code, to
185026. The authority may employ its own legal staff or contract
with other state agencies for legal services, or both.
SEC. 5. Section 185032 of the Public Utilities Code is amended to
185032. (a) (1)
Upon an appropriation in the Budget Act for that purpose, the
The authority shall prepare a plan for the
construction and operation of a high-speed train network for the
state, consistent with and continuing the work of the Intercity
High-Speed Rail Commission conducted prior to January 1, 1997. The
plan shall include an appropriate network of conventional intercity
passenger rail service and shall be coordinated with existing and
planned commuter and urban rail systems.
(b) The authorization and responsibility for planning,
construction, and operation of high-speed passenger train service at
speeds exceeding 125 miles per hour in this state is exclusively
granted to the authority.
(c) Except as provided in paragraph (2)
subdivision (b) , nothing in this
subdivision section precludes other local,
regional, or state agencies from exercising powers provided by law
with regard to planning or operating, or both, passenger rail
(b) The plan, upon completion, shall be submitted to the
Legislature and the Governor for approval by the enactment of a
SEC. 6. Section 185036 of the Public Utilities Code is amended to
185036. Upon approval by the Legislature, by the
enactment of a statute, or approval by the voters of a financial plan
providing the necessary funding for the construction of a high-speed
network, the The authority may do any of the
(a) Enter into contracts with private or public entities for the
design, financing, construction and
, operation , and maintenance of high-speed
trains. The contracts may be separated into individual tasks or
segments or may include all tasks and segments, including , for
example, a design-build or design-build-operate
(b) Acquire rights-of-way through purchase or eminent domain.
(c) Issue debt, secured by pledges of state funds, federal grants,
or project revenues. The pledge of state funds shall be limited to
those funds expressly authorized by statute or voter-approved
(d) Enter into cooperative or joint development agreements with
local governments or private entities.
(e) Set Provide for the setting of
fares and schedules.
(f) Relocate highways and utilities.