Amended in Assembly April 11, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2382


Introduced by Assembly Members Lopez and Lackey

(Coauthor: Assembly Member Wilk)

February 18, 2016


An act to amend Section 185020 of the Public Utilities Code, relating to high-speed rail.

LEGISLATIVE COUNSEL’S DIGEST

AB 2382, as amended, Lopez. High-Speed Rail Authority: membership.

Existing law creates the High-Speed Rail Authority with specified powers and duties relative to development and implementation of a high-speed rail system. The authority is comprised of 9 members, with 5 members appointed by the Governor and 4 members appointed by the Legislature.

This bill would require at least one member appointed by the Governorbegin insert beginning with an available vacancy on and after January 1, 2017,end insert to be a person whobegin delete works directly with communities in the state that are most significantly burdened by, and vulnerable to, high levels of pollutionend deletebegin insert is from a disadvantaged community, as definedend insert.

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

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 185020 of the Public Utilities Code is
2amended to read:

P2    1

185020.  

(a) There is in the Transportation Agency a
2High-Speed Rail Authority.

3(b) (1) The authority is composed of nine members as follows:

4(A) Five members appointed by the Governor. At least one
5member appointed by the Governor begin insertbeginning with an available
6vacancy on and after January 1, 2017, end insert
shall be abegin delete personend deletebegin insert person,
7other than a current or former elected official,end insert
who begin delete works directly
8with communities in the state that are most significantly burdened
9by, and vulnerable to, high levels of pollution, including, but not
10limited to, communities with diverse racial and ethnic populations
11and communities with low-income populationsend delete
begin insert is from a
12disadvantaged communityend insert
.begin insert “Disend insertbegin insertaend insertbegin insertdvantaged community” means
13an area identified as among the most disadvantaged 25 percent
14of areas in the state according to the California Environmental
15Protection Agency, based on the latest version of the California
16Communities Environmental Health Screening Tool
17(CalEnviroScreen) scores.end insert

18(B) Two members appointed by the Senate Committee on Rules.

19(C) Two members appointed by the Speaker of the Assembly.

20(2) For the purposes of making appointments to the authority,
21the Governor, the Senate Committee on Rules, and the Speaker of
22the Assembly shall take into consideration geographical diversity
23to ensure that all regions of the state are adequately represented.

24(c) Except as provided in subdivision (d), and until their
25successors are appointed, members of the authority shall hold
26office for terms of four years. A vacancy shall be filled by the
27appointing power making the original appointment, by appointing
28a member to serve the remainder of the term.

29(d) (1) On and after January 1, 2001, the terms of all persons
30who are then members of the authority shall expire, but those
31members may continue to serve until they are reappointed or until
32their successors are appointed. In order to provide for evenly
33staggered terms, persons appointed or reappointed to the authority
34after January 1, 2001, shall be appointed to initial terms to expire
35as follows:

36(A) Of the five persons appointed by the Governor, one shall
37be appointed to a term which expires on December 31, 2002, one
38shall be appointed to a term which expires on December 31, 2003,
39one shall be appointed to a term which expires on December 31,
P3    12004, and two shall be appointed to terms whichbegin delete expiresend deletebegin insert expireend insert
2 on December 31, 2005.

3(B) Of the two persons appointed by the Senate Committee on
4Rules, one shall be appointed to a term which expires on December
5 31, 2002, and one shall be appointed to a term which expires on
6December 31, 2004.

7(C) Of the two persons appointed by the Speaker of the
8Assembly, one shall be appointed to a term which expires on
9December 31, 2003, and one shall be appointed to a term which
10expires on December 31, 2005.

11(2) Following expiration of each of the initial terms provided
12for in this subdivision, the term shall expire every four years
13thereafter on December 31.

14(e) Members of the authority are subject to the Political Reform
15Act of 1974 (Title 9 (commencing with Section 81000)).

16(f) From among its members, the authority shall elect a
17chairperson, who shall preside at all meetings of the authority, and
18a vice chairperson to preside in the absence of the chairperson.
19The chairperson shall serve a term of one year.

20(g) Five members of the authority constitute a quorum for taking
21any action by the authority.



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