BILL NUMBER: AB 1138	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Patterson
   (Coauthors: Assembly Members Travis Allen, Grove, and Olsen)

                        FEBRUARY 27, 2015

   An act to add Section 185036.2 to the Public Utilities Code,
relating to high-speed rail.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1138, as introduced, Patterson. High-speed rail: eminent
domain.
   Existing law creates the High-Speed Rail Authority with specified
powers and duties relating to the development and implementation of
an intercity high-speed train system. Existing law authorizes the
authority to acquire rights-of-way through purchase or eminent
domain. Existing law sets forth the process for acquisition of
property by eminent domain, including a requirement for adoption of a
resolution of necessity.
   Existing law, pursuant to the Safe, Reliable High-Speed Passenger
Train Bond Act for the 21st Century, authorizes $9.95 billion in
general obligation bonds for high-speed rail development and other
related purposes. Existing law, for purposes of the bond act, defines
"usable segment" as a portion of a corridor, as defined, that
includes at least 2 stations.
   This bill would prohibit the authority, or the State Public Works
Board acting on behalf of the authority, from adopting a resolution
of necessity to commence an eminent domain proceeding to acquire a
parcel of real property along a corridor, or usable segment thereof,
for the high-speed train system unless the resolution identifies the
sources of all funds to be invested in the corridor or usable segment
and the anticipated time of receipt of those funds, and certifies
that the authority has completed all necessary project level
environmental clearances necessary to proceed to construction. The
bill, for these purposes, would instead define "usable segment" as a
portion of a corridor, as defined, that includes at least 2 stations
and shall be used to operate high-speed train service, as specified.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 185036.2 is added to the Public Utilities Code,
to read:
   185036.2.  (a) The authority, or the State Public Works Board
acting on behalf of the authority, may not adopt a resolution of
necessity to commence an eminent domain proceeding under Article 2
(commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3
of the Code of Civil Procedure to acquire a parcel of real property
on a corridor, or a usable segment thereof, for the high-speed train
system unless the resolution includes both of the following:
   (1) Identification of the sources of all funds to be invested in
that corridor, or usable segment thereof, and the anticipated time of
receipt of those funds based on expected commitments,
authorizations, agreements, allocations, or other means.
   (2) Certification that the authority has completed all necessary
project level environmental clearances necessary to proceed to
construction of the corridor, or usable segment thereof.
   (b) A resolution of necessity that fails to comply with the
requirements in subdivision (a) is invalid.
   (c) For purposes of this section, the following terms shall have
the following meanings:
   (1) "Corridor" means a portion of the high-speed train system as
described in Section 2704.04 of the Streets and Highways Code.
   (2) "Usable segment" means a portion of a corridor that includes
at least two stations and, upon completion, shall be used to operate
high-speed train service between those stations.