BILL ANALYSIS Ó SB 557 Page 1 SENATE THIRD READING SB 557 (Hill) As Amended May 2, 2013 Majority vote SENATE VOTE :30-5 TRANSPORTATION 13-2 APPROPRIATIONS 13-4 ----------------------------------------------------------------- |Ayes:|Lowenthal, Linder, |Ayes:|Gatto, Bocanegra, | | |Achadjian, Ammiano, | |Bradford, | | |Bloom, Bonta, Buchanan, | |Ian Calderon, Campos, | | |Daly, Gordon, Gatto, | |Eggman, Gomez, Hall, | | |Holden, Nazarian, | |Holden, Linder, Pan, | | |Quirk-Silva | |Quirk, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Morrell, Patterson |Nays:|Harkey, Bigelow, | | | | |Donnelly, Wagner | ----------------------------------------------------------------- SUMMARY : Restates various provisions in existing law related to funds appropriated by the Legislature for the development of high-speed rail in the San Francisco Bay Area. Specifically, this bill : 1)Makes funds available only for improvements consistent with the Memorandum of Understanding (MOU) approved prior to the appropriation between California High-Speed Rail Authority (HSRA) and local partners. 2)Prohibits funds dedicated to the San Francisco-to-San Jose Peninsula corridor from being used to expand the project beyond the agreed-upon "blended system" with existing commuter rail service or to build a four-track system. 3)Provides that the requirement to use funds consistent with the MOU and the prohibition on the use of funds for purposes other than the San Francisco-to-San Jose Peninsula corridor remain in effect as long as the appropriation for the "bookend" segments remains available for encumbrance. 4)Requires approval from all parties to the MOU to expand the system beyond the "blended system" planned for the Peninsula SB 557 Page 2 corridor. EXISTING LAW : 1)Creates the HSRA to direct development and implementation of inter-city high-speed rail service. 2)Authorizes, by voter approval of Proposition 1A, $9.95 billion in general obligation bonds for the high-speed rail project. 3)Appropriates bond funds for expenditure, including $1.1 billion for investment in the "bookend" segments of the system located in the northern and southern California regions. 4)Requires extensive reporting by the HSRA with respect to the appropriation for projects in the "bookend" segments and makes funds available only for improvements consistent with the MOU approved prior to the appropriation between HSRA and the local partners. 5)Prohibits funds dedicated to the San Francisco-to-San Jose Peninsula corridor from being used to expand the project beyond the agreed-upon "blended system" with existing commuter rail service or to build a four-track system. 6)Requires HSRA to enter into a project management and funding agreement with the local sponsor of the project. 7)Requires audits of bond fund expenditures to affirm HSRA acts accordance with established criteria and existing agreements. 8)Makes funds available for encumbrance or liquidation until June 30, 2018. FISCAL EFFECT : According to the Assembly Appropriations Committee, negligible fiscal impact, as this bill restates current requirements for expenditure of the appropriated funds. COMMENTS : According to the author, this bill closes potential loopholes to make sure that funds cannot be transferred from the San Francisco Peninsula segment to other segments of the high-speed rail system. In addition, the bill clarifies that SB 557 Page 3 appropriated funds will be used solely to implement the negotiated two-track blended system on the San Francisco Peninsula. Finally, the author contends this bill provides a critical safeguard against expansion of the shared system by requiring HSRA to obtain approval for any changes from all nine entities that were party to the original MOU involving the San Francisco Peninsula segment. The author feels that these protections are important to ensure that the HSRA continues to honor existing agreements and funding restrictions. All of the protections provided in this bill already exist either explicitly or implicitly in current law. Additionally, all provisions in the state budget appropriations remain attached to the funds as long as the funds are available for expenditure and cannot be changed or adjusted without new legislation. Therefore, all the restrictions stated in existing law as well as in this bill will continue to govern the high-speed rail fund expenditures unless the Legislature passes, and the Governor approves, legislation directing otherwise. Despite the fact that this bill simply restates existing law and highlights existing agreements, the author feels it is important to explicitly outline existing agreements between the HSRA and MOU signatory entities and conditions set forth in the budget. Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319- 2093 FN: 0001679