BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           289 (Galgiani)
          
          Hearing Date:  08/12/2010           Amended: 08/02/2010
          Consultant: Mark McKenzie       Policy Vote: T&H 8-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY:  AB 289, an urgency measure, would authorize the  
          Governor to appoint up to six additional civil service-exempt  
          staff for the management and administration of the High-Speed  
          Rail Authority (HSRA).  The bill would also appropriate  
          $144,071,000 in high-speed rail bond funds and $77,500,000 in  
          specified federal funds to the HSRA for high-speed rail  
          purposes.  Any appropriations in the 2010 Budget Act from these  
          sources to the HSRA would supersede the appropriations in this  
          bill.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13     Fund
          Exempt staff appointments         $413        $825       
          $825Bond*
          Bond appropriations:
             Capital outlay      $86,750                          Bond*
             HSRA operations     $57,321                          Bond*

          ARRA appropriation     $77,500                           
          Federal**
          ____________
          *High-Speed Passenger Train Bond Fund
          ** American Recovery and Reinvestment Act (ARRA) Funds, in  
          Federal Trust Fund
          _________________________________________________________________ 
          ____

          STAFF COMMENTS:  SUSPENSE FILE.
          
          Existing law authorizes the HSRA to appoint an executive  
          director to administer the affairs of the authority.  The  
          position is exempt from civil service and the salary is  
          established by the HSRA and approved by the Department of  
          Personnel Affairs (DPA).  HSRA has established a salary range of  
          $250,000 to $375,000 for this position.  The state has paid an  










          outside consultant, KPMG, to perform an organizational  
          assessment of the HSRA.  Among the recommendations, KPMG  
          suggests that the HSRA add certain management personnel.  In  
          addition, a recent State Bureau of Audits report recommended  
          that the HSRA implement risk management strategies.

          AB 289 would authorize the Governor, upon recommendation by the  
          executive director, to appoint up to six additional civil  
          service-exempt employees for the following positions to manage  
          and administer the work of the HSRA: Chief Program Manager,  
          Regional Director, Chief Financial Officer, and Director of Risk  
          Management and Project Controls.  The compensation for these  
          positions would be established by the HSRA and approved by DPA,  
          and based upon a salary survey conducted by the HSRA using  
          independent outside advisors.

          Staff notes that the Administration has requested staffing  
          augmentations of 29 positions for the HSRA, including the  
          addition of a Chief Financial Officer and Chief 
          Page 2
          AB 289 (Galgiani)

          Program Manager (as part of HSRA BCP #2), and three Regional  
          Director positions (as part of HSRA BCP #3).  Total costs for  
          these positions are estimated at approximately $825,000  
          annually.  The January Budget assumed the new positions would be  
          established on July 1, 2010, and budget documents reflect this.   
          However, the Administration indicates that the establishment  
          date has been accelerated and 27 positions were administratively  
          established on March 1, 2010.  These positions would need  
          legislative approval to extend into the budget year, either  
          through the budget process or legislation.  In addition, the  
          Budget Conference Committee recently approved one new position  
          and $183,000 to create and fill the position of Risk Manger.  AB  
          289 would specify that these positions are exempt from civil  
          service.  This would authorize these positions to have salaries  
          that exceed the civil service ranges, but the bill specifies  
          that the compensation could not exceed the highest comparable  
          salaries for a position of that type, based upon the salary  
          survey conducted by the HSRA.  The additional cost associated  
          with the exemption from civil service would depend upon the  
          salary survey and the compensation recommendations of the HSRA  
          that are approved by DPA.
           
           AB 289 would appropriate $144,071, 000 from the High-Speed  
          Passenger Train Bond Fund to the HSRA for high-speed rail  










          purposes as follows:  $57,321,000 for support of the HSRA and  
          $86,750,000 for capital outlay.  The bill specifies that federal  
          ARRA funds received on a reimbursement basis would be deposited  
          into the federal trust fund, and the bill would appropriate  
          $77,500,000 in federal ARRA funds to the HSRA for high-speed  
          rail purposes.  Staff notes that the appropriation levels  
          specified in this bill may be inconsistent with the ultimate  
          decisions made in the budget process, but the bill specifies  
          that funds appropriated in the Budget Act of 2010 from these  
          sources to the HSRA would supersede the appropriations in the  
          bill.  The specific purposes for the funds appropriated in AB  
          289 are undefined.

          In January of 2010, the Federal Railroad Administration (FRA)  
          awarded the HSRA a $2.25 billion American Recovery and  
          Reinvestment Act (ARRA) grant, providing $400 million for the  
          San Francisco Transbay Terminal joint powers agency, and $1.85  
          billion for preliminary engineering and environmental work on  
          Phase I of the high-speed rail project (Anaheim to 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.

          AB 289 would provide guidance related to the expenditure of  
          federal high-speed rail funds, based upon existing federal law  
          and regulations that govern agreements between the HSRA and the  
          federal government.  Specifically, this bill would require the  
          HSRA to establish priorities among the specified corridor  
          segments and prepare an expenditure plan, in consultation with  
          the FRA, for use of ARRA funds.  The bill also requires ARRA  
          funds appropriated by the Legislature to be used for preliminary  
          engineering, project-level environmental work, mitigation, final  
          design, and construction of projects in four specified corridors  
          included in the HSRA fund application.  Finally, the bill would  
          require any funds received by the HSRA from the Passenger Rail  
          Investment and Improvement Act of 2008 to be used for planning  
          and engineering of corridors not included in Phase I of the  
          project.