BILL ANALYSIS
AB 153
Page 1
ASSEMBLY THIRD READING
AB 153 (Ma)
As Introduced January 23, 2009
Majority vote
TRANSPORTATION 9-0 JUDICIARY 7-2
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|Ayes:|Eng, Blumenfield, |Ayes:|Feuer, Brownley, Evans, |
| |Buchanan, Furutani, | |Jones, Krekorian, Lieu, |
| |Galgiani, | |Monning |
| |Bonnie Lowenthal, John A. | | |
| |Perez, Solorio, Torlakson | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Knight, Nielsen |
| | | | |
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APPROPRIATIONS 11-5
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|Ayes:|De Leon, Ammiano, | | |
| |Charles Calderon, | | |
| |Krekorian, Fuentes, | | |
| |Monning, John A. Perez, | | |
| |Price, Skinner, Solorio, | | |
| |Torlakson | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nielsen, Duvall, Harkey, | | |
| |Miller, | | |
| |Audra Strickland | | |
| | | | |
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SUMMARY : Makes various technical changes that clarify and
update the governance of the California High-Speed Rail
Authority (Authority). Specifically, this bill :
1)Deletes obsolete language and updates the authorization of the
Authority relative to the legislative appropriation of funds
required to prepare plans for the high-speed train system.
2)Removes obsolete language and clarifies that the Authority can
enter into contracts to implement the project, something that
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they already are doing.
3)Adds a technical, clarifying cross reference to provisions
dealing with eminent domain, stating that in the case of any
eminent domain proceedings for the (future) acquisition of
right-of-way for the high-speed train system, the reference to
"governing body" of the Authority means the Board of the
Authority.
4)Adds language permitting the Authority to employ legal counsel
on its staff or contract with other state agencies for legal
services. (The same provision exists for the California
Transportation Commission (CTC) in Government Code Section
14513).
5)Updates and clarifies the types of contracts the Authority may
enter into with public agencies and private entities to
implement the high-speed train project.
EXISTING LAW :
1)Enacts the Safe, Reliable High-Speed Passenger Train Bond Act
for the 21st Century (High-Speed Rail Bond Act). The
High-Speed Rail Bond Act, approved as Proposition 1A in
November 2008, provides $9.95 billion in general obligation
bond authority to fund the planning and construction of a
high-speed passenger train system and complementary
improvements to other specified rail systems in the state. Up
to 10 % of the bond money ($900 million) may be used for
environmental review and preliminary engineering and design,
while 2.5 % of the funds ($225 million) may be used for
administrative costs.
2)Establishes the Authority and charges it with the planning,
designing, constructing, operating, and maintaining a
state-of-the-art high-speed train system for California. The
Authority consists of a nine-member board (five appointed by
the Governor, two appointed by the Senate Rules Committee, and
two by the Speaker of the Assembly).
3)Authorizes, through enactment of the American Recovery and
Reinvestment Act of 2009 (the recently enacted federal
economic stimulus package), $8 billion for high-speed rail
passenger services throughout the nation. Also, the federal
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stimulus package provides additional intercity and commuter
rail passenger discretionary funding that potentially could
benefit the state.
4)Authorizes, through the passage of Proposition 1B in November
2006, $100 million for high priority highway-railroad at-grade
separation projects to be selected by the CTC in consultation
with the Authority.
5)Requires the Authority to prepare and publish a revised
business plan by September 1, 2008.
6)Prohibits a state agency from employing legal counsel other
than the Attorney General unless there is specific statute
authorizing such employment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, probably no net state costs.
COMMENTS : This bill is similar to AB 981 (Ma) of 2007, as
passed by the Assembly. While in the Senate, AB 981 was amended
to delete the provisions related to the Authority.
The proposed statewide high-speed rail passenger train system
stretches from San Francisco, Oakland and Sacramento in the
north -- with service to the Central Valley -- to Los Angeles
and San Diego in the south. With bullet trains operating at
speeds up to 200 mph, proponents indicate that the express
travel time from downtown San Francisco to Los Angeles will be
about 2 hours. Upon completion, intercity travelers (trips
between metropolitan regions) along with longer-distance
commuters would enjoy the benefits of a system designed to
connect with existing rail, air, and highway systems.
According to the sponsor of this bill, the Authority, "The
Authority was established by the Legislature pursuant to SB 1420
(Kopp), Chapter 796, Statutes of 1996, as the successor agency
to the California Intercity High-Speed Rail Commission. The
Authority is statutorily-mandated to "direct the development and
implementation of intercity high-speed rail service that is
fully coordinated with other public transportation services and
prepare a plan for the construction and operation of a
high-speed train network for the state?"
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The Authority prepared and released in 2005, an Implementation
Plan to serve as a blueprint for building the high-speed train
system in California. In November 2005, the Authority certified
the completed statewide program-level environmental impact
report/environmental impact statement (EIR/EIS) and the Federal
Railroad Administration (FRA) issued a Record of Decision,
paving the way for implementation of the project. In November
2009, the Authority released an update to their Final Business
Plan and began the environmental process in cooperation with the
FRA.
The 2006-07 Budget Act provided $14.3 million to the Authority
to begin implementation of the high-speed train, including the
completion of a financial plan, the commencement of
site-specific environmental work, right-of-way acquisition,
identification of necessary grade separations, completion of the
draft EIR/EIS for the Northern Mountain Crossing into the San
Francisco Bay Area, visual simulations and public education,
beginning of detailed project design and project management.
For the current year, according to the Legislative Analysts
Office, the Authority will spend about $45 million on consulting
services. For the next fiscal year, the Authority will be
expending about $123 million.
This bill makes a number of technical and clarifying changes to
the statutes governing the powers and duties of the Authority.
It authorizes the Authority to employ its own legal staff, or to
contract with other state agencies for legal services, in lieu
of using the Attorney General's Office for representation in
legal proceedings. Further, the bill makes a technical cross
reference in provisions related to the acquisition of
right-of-way as well as clarifies the Authority's conferred
powers for its use of eminent domain. Lastly, this bill updates
several provisions pertaining to the Authority's contractual
authority with private entities. Many of these changes are
consistent with the provisions of Proposition 1A, the High-Speed
Rail Bond Act, as passed by the statewide voters in November,
2008, and also facilitate the planning and designing of the
individual high-speed rail segments.
Currently, there are other bills being considered by the
Legislature as identified below. At some point, this bill will
need to be reconciled with them.
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Related bills this year: AB 1375 (Galgiani) would create the
Department of High-Speed Trains within the Business,
Transportation and Housing Agency (BT&HA). That department
would be conferred eminent domain and legal counsel authority as
contemplated by this bill. That bill is currently in the
Assembly Appropriations Committee.
SB 409 (Ducheny) would create the Department of Railroads in the
BT&HA. Among other provisions of that bill, it would provide
that the department would be the only state agency eligible to
apply for and receive grant and loan funds from the federal
government for intercity rail, high-speed rail, or freight rail
purposes. That bill is in the Senate Transportation and Housing
Committee. Further, SB 409 was introduced in advance of the
California Research Bureau rail consolidation study as required
by SB 53 (Ducheny), Chapter 612, Statutes of 2008, due May 1,
2009.
SB 455 (Lowenthal) among its other provisions, would clarify the
Authority's right-of-way acquisition powers. That bill is
currently in the Senate Appropriations Committee.
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0000472