BILL ANALYSIS Ó
AB 481
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Date of Hearing: April 8, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 481 (Lowenthal) - As Amended: April 1, 2013
SUBJECT : High-Speed Rail Authority: property management
SUMMARY : Grants authorities to the High-Speed Rail Authority
(HSRA) related to property disposal, leasing, rental, and
management. Specifically, this bill :
1)Authorizes HSRA to secure fire insurance for properties it
owns and leases for commercial or business use.
2)Provides that HSRA, not the Department of Transportation
(Caltrans), has sole charge and direct control of HSRA
projects.
3)Provides that the Department of General Services' (DGS's)
broad authority to acquire easement or rights of way on behalf
of the state does not apply to land, easements, or rights of
way to be acquired by HSRA; similarly, provides that DGS's
authority to grant or convey easements and rights of way over
state properties does not apply to HSRA right of way.
4)Authorizes HSRA to negotiate, in the name of the state, access
to rights of way it owns and the value for such access.
Provides that access may include, but is not limited to,
lease, permit, or other form of providing a monetary or
service consideration for access.
5)Directs any revenues from payments received into the
High-Speed Rail Property Fund, as created, to be used as
appropriated by the Legislature for the use in development,
improvement, and maintenance of the high-speed rail system.
6)Provides an exemption for HSRA from the requirement that DGS
maintain an inventory, and negotiate leases for, state-owned
property that could be available for lease to providers of
wireless communications facilities.
7)Exempts properties and easements acquired for high-speed rail
purposes from DGS's broad authority to quitclaim rights,
titles, and interests in state-owned property and easements.
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8)Authorizes HSRA to sell or exchange any excess property and
sets forth provisions governing such sales or exchanges,
including the authority to sell as follows:
a) To an adjoining property owner, under certain
circumstances;
b) To municipalities or other local agencies, at fair
market value, without calling for competitive bids if the
property is intended to be used for a public purpose;
accept as all or part of the consideration for the sale or
lease the benefits the state would derive from the local
agency's undertaking maintenance or landscaping costs; and,
c) To a former owner if that person is still an occupant or
to a long-term tenant.
9)Authorizes HSRA to lease non-operating right of way areas to
local agencies for public purposes and to contribute toward
the cost of developing parks in those areas, under certain
conditions.
10)Authorizes HSRA to lease air space (i.e., areas above or
below operating rights of way) and portions of property not
currently being used as right of way for any term, not to
exceed 99 years; leases to private entities must be done by
competitive bid.
EXISTING LAW :
1)Enacts the Safe, Reliable High-Speed Passenger Train Bond Act
for the 21st Century (High-Speed Rail Bond Act). The
High-Speed Rail Bond Act, approved as Proposition 1A in
November 2008, provides $9.95 billion in general obligation
bond authority to fund the planning and construction of a
high-speed passenger train system and complementary
improvements to other specified rail systems in the state.
2)Authorizes Caltrans to secure fire insurance for properties it
owns and leases for commercial or business use.
3)Requires Caltrans to have sole charge and direct control over
projects that are not under the jurisdiction of the Department
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of Water Resources, the Department of Boating and Waterways,
the Department of Corrections and Rehabilitation, or the
Department of General Services.
4)Authorizes DGS to acquire or grant easements or rights of way
for the proper utilization of real property owned or being
acquired by the state, with the exception of Caltrans property
to be acquired or owned.
5)Vests responsibility with DGS to maintain an inventory of, and
negotiate leases for, state-owned property that could be
available for lease to providers of wireless communications
facilities; exempts from these provisions property owned by
Caltrans.
6)Requires DGS to negotiate, in the name of the state, access to
right of way it owns, including the value of the right of
access. Exempts Caltrans-owned properties from DGS's purview.
7)With the exception of state highways, authorizes DGS to
quitclaim in the name of the state, the right, title and
interest of the state in and to easements and rights of way
owned by the state.
8)Requires DGS to have sole charge and direct control of
projects excluding those projects undertaken by the Department
of Water Resources, Caltrans, the Department of Boating and
Waterways, the Department of Corrections and Rehabilitation,
and the Military Department.
FISCAL EFFECT : Unknown, but would likely result in cost-saving
administrative efficiencies and generate revenue from leases,
thus reducing overall project costs.
COMMENTS : HSRA is responsible for planning, designing, building
and operating California's high-speed rail system. The system
promises to connect the mega-regions of the state, contribute to
economic development and a cleaner environment, create jobs, and
preserve agricultural and protected lands. By 2029, the system
will run from San Francisco to the Los Angeles basin. In
addition, HSRA is working with regional partners to implement a
statewide rail modernization plan that will invest billions of
dollars in local and regional rail lines.
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AB 481 mirrors provisions of existing law, regulation, and
policy governing Caltrans' authority to manage its properties
and to sell its excess land. This bill will enable HSRA to
effectively manage property acquired for the high-speed rail
project by allowing it to negotiate with impacted landowners for
continued access, exchange property between adjoining landowners
to help mitigate impacts to existing uses, sell excess property
no longer required for the project, and lease property to
interested parties as a means of creating additional revenue
sources for the project. According to the author, AB 481 is
intended to allow HSRA to better plan for the project's short
and long-term needs by exclusively managing access to property
acquired for the high-speed rail project.
Double referral : This bill is also referred to the Assembly
Committee on Accountability and Administrative Review.
REGISTERED SUPPORT / OPPOSITION :
Support
California High-Speed Rail Authority (sponsor)
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093