BILL NUMBER: AB 1164 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 28, 2011
AMENDED IN ASSEMBLY APRIL 7, 2011
INTRODUCED BY Assembly Member Gordon
FEBRUARY 18, 2011
An act to amend Section 185020 of the Public Utilities
Code, relating to the High-Speed Rail Authority. An
act to add Article 13 (commencing with Section 8879.79) to Chapter
12.491 of Division 1 of Title 12 of the Government Code, relating to
transportation, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1164, as amended, Gordon. High-Speed Rail Authority:
appointees: Senate confirmation. Federal
transportation funds.
Existing law generally provides for programming and allocation of
state and federal transportation capital improvement program funds
pursuant to the state transportation improvement program process
administered by the California Transportation Commission.
Existing law provides for allocation of certain other
transportation capital improvement funds outside the state
transportation improvement program process, including federal
regional surface transportation improvement program funds, state bond
funds, funds set aside for state highway rehabilitation under the
state highway operation and protection program, and funds from
various other sources.
Existing law authorizes the Department of Transportation, with the
approval of the Director of Finance, to make loans from the State
Highway Account of certain federal transportation economic stimulus
funds to advance bond-funded projects pursuant to the Highway Safety,
Traffic Reduction, Air Quality, and Port Security Bond Act of 2006,
as specified.
This bill would enact similar provisions authorizing the
department to make loans from the State Highway Account of other
specified federal transportation funds to advance bond-funded
projects pursuant to the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Bond Act of 2006 that meet certain
requirements. The bill would appropriate those federal transportation
funds in the State Highway Account for these purposes and would
require those funds to be obligated to advance the bond-funded
projects, as specified. The bill would require the loans to be repaid
to the State Highway Account from the proceeds of bonds sold
pursuant to the bond act and would provide for the appropriation of
those repaid funds to the department for use on projects in the state
highway operation and protection program or the local assistance
program, as specified. The bill would require the department to
report to the Joint Legislative Budget Committee each year that
federal transportation funds are loaned pursuant to these provisions.
Existing law creates the High-Speed Rail Authority within the
state government with various powers and duties relative to
development and implementation of a high-speed passenger train
system. Existing law provides that 5 of the 9 members comprising the
authority shall be appointed by the Governor.
This bill would require that those gubernatorial appointments be
made with the advice and consent of the Senate.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 13 (commencing with Section
8879.79) is added to Chapter 12.491 of Division 1 of Title 12 of the
Government Code , to read:
Article 13. Federal Transportation Funds
8879.79. (a) Notwithstanding any other provision of law, the
department, with the approval of the Director of Finance, may make a
loan or loans from the State Highway Account of federal funds made
available to it pursuant to Title 23 of the United States Code for
purposes of advancing a project, or a portion of a project, that has
been programmed, to be funded by Chapter 12.49 (commencing with
Section 8879.20). The board, as defined in subdivision (a) of Section
8879.22, may request the department to make a loan or loans. The
aggregate amount of the request shall not exceed the amount of the
unsold bonds that the committee, as defined in subdivision (b) of
Section 8879.22, has, by resolution, authorized to be sold, less any
amount loaned pursuant to Section 8879.31 or withdrawn pursuant to
Section 8879.32. Federal funds loaned under this section are hereby
appropriated for that purpose, and shall be obligated directly to the
project or projects funded under this section. That obligation shall
be considered a loan of federal funds as authorized by this section.
The loan or loans shall be repaid without interest to the State
Highway Account from the proceeds of bonds sold pursuant to Chapter
12.49 (commencing with Section 8879.20). The board shall execute any
documents as required by the department to obtain and repay the loan
or loans.
(b) (1) Except as specified in paragraph (2), upon repayment of a
loan made pursuant to subdivision (a), those funds are hereby
appropriated to the department for use on projects in the state
highway operation and protection program.
(2) If a loan of funds pursuant to subdivision (a) is made from
local subvention funds, the funds received for repayment of the loan
are hereby appropriated to the department for use in the local
assistance program consistent with the manner in which the loaned
federal funds would have otherwise been used.
(c) Federal funds loaned under this section shall be limited by
the department as necessary to ensure that priority, to the extent
allowable under federal law, is given to the use of federal funds for
projects that repair or rehabilitate the existing transportation
system and for state transportation improvement program projects.
(d) Within 45 days after the end of each fiscal year in which the
loan authority under subdivision (a) has been exercised, the
department shall report to the Joint Legislative Budget Committee on
the loans made and the methodology used for selecting the projects
funded.
SECTION 1. Section 185020 of the Public
Utilities Code is amended to read:
185020. (a) There is in state government a High-Speed Rail
Authority.
(b) (1) The authority is composed of nine members as follows:
(A) Five members appointed by the Governor, with the advice and
consent of the Senate.
(B) Two members appointed by the Senate Committee on Rules.
(C) Two members appointed by the Speaker of the Assembly.
(2) For the purposes of making appointments to the authority, the
Governor, the Senate Committee on Rules, and the Speaker of the
Assembly shall take into consideration geographical diversity to
ensure that all regions of the state are adequately represented.
(c) Except as provided in subdivision (d), and until their
successors are appointed, members of the authority shall hold office
for terms of four years. A vacancy shall be filled by the appointing
power making the original appointment, by appointing a member to
serve the remainder of the term.
(d) (1) On and after January 1, 2001, the terms of all persons who
are then members of the authority shall expire, but those members
may continue to serve until they are reappointed or until their
successors are appointed. In order to provide for evenly staggered
terms, persons appointed or reappointed to the authority after
January 1, 2001, shall be appointed to initial terms to expire as
follows:
(A) Of the five persons appointed by the Governor, one shall be
appointed to a term which expires on December 31, 2002, one shall be
appointed to a term which expires on December 31, 2003, one shall be
appointed to a term which expires on December 31, 2004, and two shall
be appointed to terms which expire on December 31, 2005.
(B) Of the two persons appointed by the Senate Committee on Rules,
one shall be appointed to a term which expires on December 31, 2002,
and one shall be appointed to a term which expires on December 31,
2004.
(C) Of the two persons appointed by the Speaker of the Assembly,
one shall be appointed to a term which expires on December 31, 2003,
and one shall be appointed to a term which expires on December 31,
2005.
(2) Following expiration of each of the initial terms provided for
in this subdivision, the term shall expire every four years
thereafter on December 31.
(e) Members of the authority are subject to the Political Reform
Act of 1974 (Title 9 (commencing with Section 81000)).
(f) From among its members, the authority shall elect a
chairperson, who shall preside at all meetings of the authority, and
a vice chairperson to preside in the absence of the chairperson. The
chairperson shall serve a term of one year.
(g) Five members of the authority constitute a quorum for taking
any action by the authority.