BILL ANALYSIS
AB 153
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Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 153 (Ma) - As Amended: January 23, 2009
Policy Committee:
TransportationVote:9-0
Judiciary 7-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill clarifies the powers and duties of the High-Speed Rail
Authority and authorizes the authority to employ its own legal
counsel. Specifically, this bill:
1)Authorizes the authority to employ its own legal staff and/or
to contract with other state agencies for legal services.
2)Includes the authority as one of several state agencies exempt
from provisions requiring property to be acquired for the
state to be acquired by the State Public Works Board.
3)Clarifies that the authority is among those state agencies
able to exercise eminent domain authority for property
acquisition.
4)Extends the authority's ability to enter into contracts to
include contracts for the financing and maintenance of
high-speed trains.
FISCAL EFFECT
Probably no net state costs, as the authority's legal costs will
either be attributed to in-house attorneys or through legal
services provided by the Department of Justice (DOJ). The
authority is currently using DOJ attorney services at the
AB 153
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equivalent of more than one full-time position. The authority
does not expect to seek an in-house attorney position in the
short-term, however.
COMMENTS
1)Purpose . According to the HSRA (sponsor), with voter approval
of Proposition 1A in November 2008, which authorized the
issuance of $10 billion in general obligation bonds for
high-speed rail, the authority will now begin transitioning
into a more traditional state agency. The HSRA anticipates a
greater need for legal counsel when, for example, it decides
to exercise its eminent domain power to acquire rights-of-way
for train tracks, maintenance facilities, storage yards, and
related structures. These ongoing activities will only grow in
size and complexity, thus necessitating the availability of
legal services on a more regular basis. In addition, current
law specifically grants the power authority to acquire
rights-of-way through purchase or eminent domain. This bill
clarifies that the authority, similar to other specified
agencies, may independently exercise its eminent domain powers
rather than having to rely on the Public Works Board to do so.
The bill does not alter any statutory requirements related to
the exercise of eminent domain by the state.
2)Related Legislation . AB 1375 (Galgiani), pending in Assembly
Transportation, reestablishes the HSRA as strictly a
policy-making body and establishes a new Department of
High-Speed Trains, to be responsible for implementing
decisions of the authority.
3)Prior Legislation . The provisions of this bill regarding
legal staff were included in AB 981 (Ma) of 2007, but that
bill was subsequently amended in the Senate to address an
unrelated subject.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081