BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 2382


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          Date of Hearing:  April 18, 2016


                         ASSEMBLY COMMITTEE ON TRANSPORTATION


                                  Jim Frazier, Chair


          AB 2382  
          (Lopez) - As Amended April 11, 2016


          SUBJECT:  High-Speed Rail Authority:  membership


          SUMMARY:  Requires that at least one member of the California  
          High-Speed Rail Authority Board of Directors (Board) appointed by  
          the Governor be a person who is from a disadvantaged community,  
          identified as the most disadvantaged 25% of areas in the state by  
          CalEnvrio Screen.      


          EXISTING LAW: 


          1)Creates the California High-Speed Rail Authority (Authority)  
            with specific powers and duties relative to the development and  
            implementation of an intercity high-speed rail system in  
            California.  


          2)Prescribes the membership of the Board to include 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.








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          4)Authorizes members of the Authority to compensation for  
            Authority business and actual travel expenses.  


          5)Requires, pursuant to SB 535 (de León), Chapter 830, Statutes  
            of 2012, that a minimum of 25% of the moneys available in GGRF  
            be used to benefit disadvantaged communities.


          FISCAL EFFECT:  Unknown


          COMMENTS:  According to the author, AB 2382's purpose is to  
          ensure that a person from a disadvantaged community is added to  
          Authority's Board.  The author goes on to state that, given that  
          the high-speed rail project is the largest infrastructure project  
          in North America spanning 520 miles, the project will affect  
          certain segments and certain populations in California.  Segments  
          affected are mostly geographical and populations affected  
          include, but are not limited to, disadvantaged communities.   
          Further she contends that for those disadvantaged communities, it  
          is essential that their unique needs and/or concerns be heard and  
          represented at Board meetings.





          Currently, the Authority's Board provides oversight of the  
          planning, design and construction of the high-speed rail system.   
          The Board reviews and approves contracts entered into by the  
          Authority and oversees ongoing work of the Authority with public  
          and private partners.  Additionally, the Board 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.  









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          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% 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 I, from San Francisco to Los  
          Angeles/Anaheim, projected to cost $64.2 billion.  



          The author notes that when cap and trade funds are used, a  
          portion of those funds must be used to serve disadvantaged  
          communities.  Further, she states that since it is the case that  
          funds are to be used to serve disadvantaged communities, the  
          Board should reflect a person who is from a disadvantaged  
          community.  


          Last year, AB 1288 (Atkins), Chapter 586, Statutes of 2015, added  
          two additional members to the California Air Resources Board  
          (ARB), who "work directly with communities in the state that are  
          most significantly burdened by, and vulnerable to, high levels of  
          pollution, including, but not limited to, communities with  
          diverse racial and ethnic populations and communities with  
          low-income populations."  These appointment criteria are  
          consistent with other ARB Board members that are currently  
          selected based upon specific qualifications and criteria.  For  







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          example, of the twelve members appointed by the Governor, one  
          member must have training and experience in chemistry,  
          meteorology, or related scientific fields; and one member must be  
          a physician and surgeon or an authority on health effects of air  
          pollution.  Additionally, the appointees must also come from a  
          certain area of the state, such as the south coast district or  
          the San Joaquin Valley Unified Air Pollution District.  


          The current requirements for appointments to the Authority Board  
          do not include qualifications or criteria.  AB 2382 would change  
          this dynamic by requiring the appointee to come from a specific  
          area of the state, a disadvantaged community.  Unlike ARB's  
          Board, however, it would not apply certain qualification  
          requirements representing other state priorities to the remaining  
          Authority Board member positions.  


          Related legislation:  AB 1813 (Frazier), will add one member of  
          the California State Assembly and one member of the California  
          State Senate to the Authority Board, as ex-officio, non-voting  
          members.  


          Previous legislation:  AB 1288 (Atkins), Chapter 586, Statutes of  
          2015, added two additional members to the ARB, one appointed by  
          the Senate Committee on Rules and one appointed by the Speaker of  
          the Assembly who works directly with communities that are most  
          significantly burdened by, and vulnerable to, high levels of  
          pollution, including, but not limited to, communities with  
          diverse racial and ethnic populations and communities with  
          low-income populations.


          REGISTERED SUPPORT / OPPOSITION:




          Support







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          None on file




          Opposition


          None on file




          Analysis Prepared by:Melissa White / TRANS. / (916) 319-2093