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
AB 2382
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None on file
Opposition
None on file
Analysis Prepared by:Melissa White / TRANS. / (916) 319-2093