BILL ANALYSIS Ó
AB 1813
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Date of Hearing: March 14, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1813
(Frazier) - As Introduced February 8, 2016
SUBJECT: High-Speed Rail Authority: membership
SUMMARY: Adds one member of the California State Assembly and
one member of the California State Senate to the California
High-Speed Rail Authority (Authority) Board of Directors, as
ex-officio, non-voting members. Specifically, this bill:
1)Provides for the addition of two ex-officio, non-voting
members to the California High-Speed Rail Authority Board of
Directors: one member of the California State Senate
appointed by the Senate Committee on Rules and one member of
the California State Assembly appointed by the Speaker of the
Assembly.
2)Provides that the ex-officio members would not vote on issues
before the Authority Board of Directors but shall participate
in the activities of the Authority to the extent that
participation is not incompatible with their positions as
Members of the Legislature.
3)Clarifies that only voting members of the Authority Board of
Directors shall elect a chairperson, constitute a quorum,
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receive compensation for Authority business, and receive
reimbursement for actual travel expenses.
EXISTING LAW:
1)Creates the Authority with specific powers and duties relative
to the development and implementation of an intercity
high-speed rail system in California.
2)Defines that the be composed of nine members with five members
appointed by the Governor, two members appointed by the Senate
Committee on Rules, and two members appointed by the Speaker
of the Assembly.
3)Defines the terms for office and filling vacancies.
4)Authorizes members of the Authority to compensation for
authority business and actual travel expenses.
5)Authorizes the Authority to appoint an Executive Director and
key executives for various areas of management.
FISCAL EFFECT: Unknown
COMMENTS: According to the author, the State of California and
its voters have committed billions of dollars of public funds to
the largest infrastructure project in the United States, and the
oversight of its ongoing development and construction is of
utmost importance to the Legislature. To that end, by adding
two ex officio members, one member of the Assembly and one
member of the Senate, to the Authority Board of Directors
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consistent oversight regarding the development and construction
of the system could be enhanced. Additionally, the ex-officio
members can serve as direct liaisons to the Legislature for
Members to have a better understanding of the workings of the
project and offer counsel and assistance from the legislative
branch perspective.
Currently, the Authority's Board of Directors provides oversight
of the planning, design and construction of the high-speed rail
system. The Board of Directors reviews and approves contracts
entered into by the Authority and oversees ongoing work of the
Authority with public and private partners. Additionally, the
Board of Directors oversees the hiring of the Executive Director
of the Authority, the top state executive; and the Authority's
Risk Manager and Auditor report directly to the Board to
identify risks or concerns for the project.
California's voters approved Proposition 1A in 2008 to provide
$9.95 billion in General Obligation bonds for the planning,
design and building of a high-speed rail system to connect San
Francisco and Los Angeles through the Central Valley. In July
2012, the Legislature approved SB 1029 (Committee on Budget and
Fiscal Review), Chapter 152, Statutes of 2012, which
appropriated nearly $8 billion in federal funds and state bond
funds to begin the construction of the Initial Operating Section
(IOS) from Madera to Bakersfield. Additionally, as part of the
2014-15 state budget, 25 percent of cap and trade revenues were
dedicated to the project. In February 2016, the Authority
released its draft 2016 Business Plan which reconfigures the IOS
to travel from north of Bakersfield to San Jose by 2025 at a
cost of $20.9 billion with the full Phase one, from San
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Francisco to Los Angeles/Anaheim, projected to cost $64.2
billion.
In addition to the Authority Board of Directors, a critical part
of oversight of the high-speed rail project was created by AB
3034 (Galgiani), Chapter 267, Statues of 2008, which established
a Peer Review Group whose duty is to evaluate the Authority's
funding plans and prepare an independent judgment as to the
feasibility and the reasonableness of the Authority's plans,
appropriateness of assumptions, analyses and estimates, and any
observations or evaluations the group deems necessary. As an
advisor to the Legislature on the Authority, the group has
recommended that the Legislature increase its direct oversight
of the program. Adding two ex-officio members to the Authority
Board is a step in that direction.
Numerous other boards and commissions in California have
ex-officio, non-voting seats for members of the Assembly and the
Senate. For example, in addition to the commissioners appointed
by the Governor and the Legislature, one member of the Assembly
and one member of the Senate are appointed to the California
Transportation Commission (CTC). Currently, Assemblymember Jim
Frazier (D-Oakley), Chair of the Assembly Transportation
Committee, and Senator Jim Beall (D-San Jose), Chair of the
Senate Transportation and Housing Committee serve on the
commission. These members help provide critical oversight of the
Commission's programs, including the approval of thousands of
highway and rail projects and the expenditure of billions of
dollars in public funds. Participation on the CTC by members of
the Legislature has provided valuable insight into the workings
of the state's transportation system, including the roles of
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regional and local government partners and stakeholders.
Attendance at meetings and access to briefing materials and
department staff keep legislative members involved on a more
consistent basis than legislative oversight hearings may afford.
In addition to the CTC, members of the Legislature also serve on
the Delta Protection Commission, the Central Valley Flood
Protection Board and the California State Park and Recreation
Commission.
Related Legislation: AB 2382 (Lopez) which would add at least
one member to the High-Speed Rail Authority who works directly
with communities in the state that are most significantly
burdened by, and vulnerable to, high levels of pollution. AB
2382 is currently awaiting hearing in this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Association for California High Speed Trains
AB 1813
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Opposition
None on file
Analysis Prepared by:Melissa White / TRANS. / (916) 319-2093