BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 289
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  Galgiani
                                                         VERSION: 6/22/10
          Analysis by: Art Bauer                         FISCAL:  yes
          Hearing date: June 29, 2010                    URGENCY: YES 






          SUBJECT:

          High-speed rail

          DESCRIPTION:

          This bill authorizes exempt positions and establishes priorities  
          for spending state and federal funds relating to high-speed  
          rail. 

          ANALYSIS:

          SB 1420 (Kopp), Chapter 796, Statutes of 1996, creates the  
          High-Speed Rail Authority (HSRA). In 2008, California voters  
          approved the Safe, Reliable High-Speed Passenger Train Bond Act,  
          Proposition 1A, which was put on the ballot by AB 3034  
          (Galgiani), Chapter 276, Statutes of 2008. The bond measure  
          makes available $9 billion for the development of a high-speed  
          rail system and $950 million for improvements to existing  
          passenger rail systems that will offer feeder services to the  
          high-speed rail service. Proposition 1A identified Phase I of  
          the high-speed rail (HSR) project as Anaheim-Los  
          Angeles-Bakersfield-Fresno-San Jose-San Francisco Transbay  
          Terminal. Although planning can proceed on the San Diego and  
          Sacramento lines, construction may occur only after Phase I is  
          under construction and funding is available for these two  
          additional segments.

          In January of 2010, the Federal Railroad Administration (FRA)  
          awarded the HSRA a $2.25 billion American Recovery and  
          Reinvestment Act (ARRA) grant, the largest HSR grant award in  
          the country. Included in the grant is $400 million for the San  
          Francisco Transbay Terminal joint powers agency, which submitted  
          a separate ARRA application, but FRA consolidated its grant with  
          the state's. The actual amount of ARRA funds available to the  




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          HSR project is $1.85 billion. The ARRA grant is for assisting in  
          funding the preliminary engineering and environmental work on  
          Phase I and to assist with the construction of the following  
          Phase I segments: Los Angeles-Anaheim, Fresno-Bakersfield,  
          Fresno-Merced, and San Jose-San Francisco. As a condition of the  
          grant, the HSRA must obtain environmental clearances for the  
          corridors by September 30, 2011, and construction must be  
          completed by September 30, 2017. In addition to the Proposition  
          1A authorization and the ARRA funds, the HSRA also has $336  
          million of other public funds. The total amount of funding  
          currently available to the HSRA is $11.2 billion. The HSRA's  
          current estimate for constructing Phase I is $42.6 billion. 


          Management of the HSRA 
          
          Existing law establishes the HSRA with a nine member governing  
          board, including five members appointed by the governor, two  
          members appointed by the Senate Rules Committee, and two members  
          appointed by the Speaker of the Assembly. The board is  
          authorized to appoint an executive director, who is exempt from  
          the state civil service, at a salary established by the board  
          and approved by the Department of Personnel Administration. With  
          the approval of the board, the executive director may appoint  
          staff to assist him. 

           This bill  :

                 Authorizes the governor, upon the recommendation of the  
               executive director of the HSRA, to appoint up to six exempt  
               employees who shall serve at the pleasure of the executive  
               director, and who shall serve in the following positions:

                  o         Chief program officer.
                  o         Regional directors (up to three).
                  o         Chief financial officer.
                  o         Director of risk management and project  
                    controls.

                 Authorizes the compensation of all exempt employees to  
               be set by the governing board based on a salary survey  
               conducted by independent outside advisors of state,  
               regional and local transportation agencies with  
               responsibilities comparable to the HSRA, and other relevant  
               labor pools.





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                 Requires the Department of Personnel Administration  
               (DPA) to review the methodology used in the survey and to  
               approve the salaries set by the governing board. DPA may  
               accept a previously completed salary survey if it so  
               desires

          State Funds
          
          Existing law establishes an annual budgetary process managed by  
          the Budget and Fiscal Committee in the Senate and the Budget  
          Committee in the Assembly to determine the level of  
          appropriations for all state programs for the fiscal year.

           This bill  states that it is the intent of the Legislature to  
          appropriate $230.5 million in Proposition 1A bond funds to the  
          HSRA. 

          Federal Funds 
          
          Existing law authorizes the HSRA to accept federal grants;  
          however, the grant revenues cannot be expended nor can state  
          funds be expended in anticipation of being reimbursed from a  
          federal grant, until there is an appropriation of funds by the  
          Legislature. In addition, existing law requires the HSRA to  
          adopt a funding plan that identifies all existing funds for  
          expenditure in a corridor as an element of the pre-appropriation  
          process and the plan must be reviewed by a peer review group.

           

          This bill  :

                 Requires ARRA funds appropriated by the Legislature to  
               be used for planning, preliminary engineering,  
               project-level environmental work, mitigation, final design,  
               and construction for San Francisco-San Jose, Merced-Fresno,  
               Fresno-Bakersfield and Los Angeles-Anaheim corridors. 

                 Requires the HSRA to prepare an expenditure plan, in  
               consultation with the Federal Railroad Administration, for  
               the ARRA funds and submit the plan to the Director of  
               Finance and to the transportation and fiscal committees of  
               both houses of the Legislature. 

                 Places in state statute the federal requirements  
               governing the use of ARRA funds, including the completion  




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               of environmental reviews by September 2011, the obligation  
               of funds by September 2012, and the completion of  
               construction by September 2017. 

                 Funds received by the HSRA from the Passenger Rail  
               Investment and Improvement Act of 2008 (PRIIA) shall be  
               used for planning and engineering of future high-speed rail  
               service in the Merced to Sacramento Corridor, Los Angeles  
               to San Diego Corridor, and the Altamont Corridor. PRIIA is  
               the act governing the use of federal rail improvement  
               funds.

          COMMENTS:

              1)   Background . The Senate Transportation and Housing  
               Committee has held eight oversight hearings on the HSRA.  
               The most recent oversight hearing included a presentation  
               by the State Auditor of her findings of an audit that the  
               chair and vice-chair of this committee requested. Among the  
               findings of the State Bureau of Audits (SBA) were  
               managerial deficiencies, including $6 million of payments  
               made to contractors without any documentation, and the  
               HSRA's failure to the keep track of the use of bond  
               revenues for administration and preconstruction planning. 

              2)   Issues related to management appointments  . The  
               provisions related to the appointment of six exempt  
               positions and the setting of salaries is unnecessary  
               because trailer bill language for the 2010-2011 Budget Act  
               includes those same provisions. 
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
                                                             
              3)   Budgetary polic  y. The bill states as a matter of  
               legislative intent that the Legislature will budget in the  
               2010-2011 fiscal year $230.5 million of Proposition 1A  
               funds to match the federal funds awarded to the HSRA. It is  
               difficult to understand the purpose of this language  
               because the amount of bond funds are appropriated by the  
               Legislature and reflect several factors, including the  
               ability of the funds to be spent during the fiscal year. To  
               date, HSRA does not even have a fund transfer agreement  




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               with the federal government for ARRA funds that the state  
               would match. This provision of the bill is unnecessary. 

              4)   Federal funds  . This bill puts into state law existing  
               federal law or regulations that govern agreements between  
               the HSRA and the federal government. Should the federal  
               government change the regulations or the underlying  
               statute, state law would have to be amended to conform to  
               the new federal provisions to avoid conflicts in law. These  
               provisions are unnecessary. 
          Assembly Votes are not relevant to this bill. 

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,  
                     June 23, 2010)

               SUPPORT:  None received.
          
               OPPOSED:  None received.