BILL NUMBER: AB 619 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 12, 2010
PASSED THE ASSEMBLY AUGUST 25, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 17, 2010
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 25, 2009
An act to add Article 14 (commencing with Section 10482) to
Chapter 2 of Part 2 of Division 2 of the Public Contract Code, and to
add Section 185034.5 to the Public Utilities Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 619, Blumenfield. Transportation projects: high-speed rail.
Existing law, the California High-Speed Rail Act, creates the
High-Speed Rail Authority to develop and implement a high-speed train
system in the state, with specified powers and duties. Existing law
gives the authority the power to, among other things, enter into
contracts with private or public entities for the design,
construction, and operation of high-speed trains. Existing law, the
Safe, Reliable, High-Speed Passenger Train Bond Act for the 21st
Century, approved by the voters as Proposition 1A at the November 4,
2008, general election, provides for the issuance of $9.95 billion in
general obligation bonds for high-speed rail and related purposes.
This bill would require any entity applying for a contract with
the authority for goods or services related to the high-speed train
network, as specified, to affirmatively certify whether it had any
direct involvement in the deportation of any individuals to
extermination camps, work camps, concentration camps, prisoner of war
camps, or any similar camps between specified dates during World War
II. The bill would also require the authority to acknowledge and
note the importance of complying with this certification, as
provided.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) In November 2008, California voters approved Proposition 1A,
the Safe, Reliable, High-Speed Passenger Train Bond Act for the 21st
Century. Proposition 1A provided $9 billion for high-speed rail
development. In January 2010, California was awarded $2.25 billion by
the federal government to construct the statewide high-speed rail
system.
(b) High-speed rail will reduce travel time between population
centers; remove millions of tons of carbon and other greenhouse
gasses from the atmosphere; provide jobs in engineering,
construction, operations, and maintenance; and allow California to
maintain its leadership as a national model for policy and social
responsibility.
(c) California's high-speed rail network will be funded with
public moneys provided by federal and state taxpayers, and with bond
sales, and private partnerships. Design, engineering, operation, and
maintenance of the rail lines will be provided by any number of
entities following competitive bidding processes.
(d) The California High-Speed Rail Authority and the citizens of
California should have the benefit of appropriate and complete
disclosure by all entities competing for high-speed rail grants. Such
disclosure and related due diligence is essential to California's
regulation and oversight of the contracting process and expenditure
of state funds.
(e) It has come to the Legislature's attention that certain
entities that have expressed interest in competing for high-speed
rail grants in California have engaged in conduct which the
Legislature believes requires public disclosures. For instance,
between 1942 and 1944, many thousands of persons, including current
residents of California, were deported to concentration camps on
trains.
SEC. 2. Article 14 (commencing with Section 10482) is added to
Chapter 2 of Part 2 of Division 2 of the Public Contract Code, to
read:
Article 14. California High-Speed Rail Act Procedures
10482. This article establishes proper procedures for entities
that intend to bid or submit a proposal to contract with the
California High-Speed Rail Authority for goods or services related to
the high-speed train network, as contemplated by the California High
Speed Rail Act (Division 19.5 (commencing with Section 185000) of
the Public Utilities Code).
10483. (a) Notwithstanding any other law, any entity applying for
a contract with the authority related to the high-speed train
network, including, but not limited to, the engineering,
construction, manufacture, or operation of a high-speed rail network
or any components thereof, shall affirmatively certify in advance of
submitting a formal bid the following:
(1) Whether it had any direct involvement in the deportation of
any individuals to extermination camps, work camps, concentration
camps, prisoner of war camps, or any similar camps during the period
from January 1, 1942, through December 31, 1944.
(2) If an entity responds that it has had a direct involvement in
the deportation of any individuals, as described in paragraph (1),
the entity shall certify all of the following:
(A) Whether the entity has any records (whenever created) in its
possession, custody, or control related to those deportations.
(B) Whether the entity has taken any remedial action concerning
those deportations, and whether the entity has provided restitution
to all identifiable victims of those deportations.
(3) An entity that certifies to its direct involvement under this
subdivision may, at its own discretion, provide any mitigating
circumstances in narrative and documentary form.
10484. The authority shall acknowledge the information provided
as required by Section 10483 when awarding contracts. The authority
in its procurement solicitation documents shall note the importance
of complying with Section 10483.
10485. For the purposes of this article, the following
definitions apply:
(a) "Authority" means the California High-Speed Rail Authority.
(b) "Direct involvement" means ownership or operation of the
trains on which persons were deported to extermination camps, work
camps, concentration camps, prisoner of war camps, or any similar
camps during the period from January 1, 1942, through December 31,
1944.
(c) "Entity" means any corporation, affiliate, or other entity
that controls, is controlled by, or is under common control with, or
that is a member of a partnership or a consortium with, an entity
affected by this article. An entity shall be presumed to be in
control of another corporation or entity if it owns or directly or
indirectly controls more than 50 percent of the voting securities or
more than 50 percent of any other ownership interest of the other
corporation or entity. This definition of "entity" shall apply
irrespective of whether or not the equity interest in the entity was
owned by a foreign state.
SEC. 3. Section 185034.5 is added to the Public Utilities Code, to
read:
185034.5. Any bids or proposals submitted to the authority for a
goods or services contract related to the high-speed train network
shall conform to the procedures set forth in Article 14 (commencing
with Section 10482) of Chapter 2 of Part 2 of Division 2 of the
Public Contract Code.