BILL NUMBER: AB 1375	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2010
	AMENDED IN SENATE  MAY 24, 2010
	AMENDED IN SENATE  APRIL 21, 2010
	AMENDED IN ASSEMBLY  JANUARY 15, 2010

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 27, 2009

   An act to  repeal and add Division 19.5 (commencing with
Section 185000)   amend Section 185024  of the
Public Utilities Code, relating to high-speed rail.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1375, as amended, Galgiani. High-speed rail.
   Existing law, the California High-Speed Train Act, creates the
High-Speed Rail Authority to develop and implement a high-speed train
system in the state, with specified powers and duties. Existing law,
the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st
Century, approved by the voters as Proposition 1A at the November 4,
2008, general election, provides for the issuance of $9.95 billion in
general obligation bonds for high-speed rail and related purposes.

   Existing law provides for appointment of an executive director by
the authority, who is exempt from civil service and serves at the
pleasure of the authority.  
   This bill, for purposes of managing and administering the ongoing
work of the authority in implementing the high-speed train project,
would authorize the Governor, upon the recommendation of the
executive director, to appoint up to 6 additional authority
employees, exempt from civil service, who would serve in specified
positions at the pleasure of the executive director. The bill would
require a salary survey to be conducted to determine the maximum
compensation for the executive director and additional exempt
employees, and would require the salaries to be approved by the
Department of Personnel Administration.  
   This bill would revise and recast these provisions by repealing
and reenacting the California High-Speed Train Act. The bill would
continue the High-Speed Rail Authority in existence to establish
compensation of certain employees of the department, advise the
Secretary of Business, Transportation and Housing and the Director of
the Department of Railroads concerning high-speed rail matters, and
annually adopt a 6-year high-speed train program for submission to
the Governor and the Legislature. The bill would create the
Department of Railroads within the Business, Transportation and
Housing Agency, which would succeed to most of the existing powers
and responsibilities of the authority and would be responsible for
implementing the high-speed train project. The director of the
department would be appointed by the Governor, who would serve at the
pleasure of the Governor, and the Governor would be authorized to
appoint up to 10 executive employees of the department who would be
exempt from civil service and serve at the pleasure of the director.
The bill would provide for acquisition and disposition by the
department of rights-of-way for the high-speed rail project. The bill
would limit the department's authority to use eminent domain to the
powers previously granted to the authority in that regard, as
specified. The bill would transfer the existing employees of the
authority, other than the executive director, to the department. The
bill would enact other related provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 185024 of the   Public
Utilities Code   is amended to read: 
   185024.  (a) The authority shall appoint an executive director,
 exempt from civil service,  who shall serve at the pleasure
of the authority, to administer the affairs of the authority as
directed by the authority.
   (b)  The executive director is exempt from civil service
and shall be paid a salary established by the authority and approved
by the Department of Personnel Administration.   For
purposes of managing and administering the ongoing work of the
authority in   implementing the high-speed train project,
the Governor, upon the recommendation of the executive director, may
appoint up to six additional employees, exempt from civil service,
who shall serve at the pleasure of the executive director. Pursuant
to this subdivision, the Governor may appoint employees only fo 
 r the following positions:  
   (1) Chief program manager.  
   (2) Regional director.  
   (3) Chief financial officer.  
   (4) Director of risk management and project controls.  
   (c) The compensation of the executive director and the additional
employees authorized by subdivision (b) shall be established by the
authority, and approved by the Department of Personnel
Administration, in an amount that is reasonably necessary, in the
discretion of the authority, to attract and hold a person of superior
qualifications. The authority shall cause to be conducted, through
the use of independent outside advisers, a salary survey to determine
the compensation for the positions under this subdivision. The
Department of Personnel Administration may, in its discretion, accept
a previously completed salary survey that meets the requirements of
this subdivision, and shall review the methodology used in the
survey. The salary survey shall consider both of the following: 

   (1) Other state, regional, and local transportation agencies that
are most comparable to the authority and its responsibilities. 

   (2) Other relevant labor pools.  
   The compensation set by the authority shall not exceed the highest
comparable compensation for a position of that type, as determined
by the salary survey. Based on the salary survey, these positions
shall be paid a salary established by the authority and approved by
the Department of Personnel Administration.  
   (c) 
    (d)  The executive director may, as authorized by the
authority, appoint necessary staff to carry out the provisions of
this part. All matter omitted in this version of the bill appears in
the bill as amended in the Senate, May 24, 2010. (JR11)