BILL NUMBER: AB 1747	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 19, 2010
	AMENDED IN ASSEMBLY  APRIL 14, 2010

INTRODUCED BY   Assembly Member Galgiani
   (Coauthors: Assembly Members Bonnie Lowenthal and Solorio)

                        FEBRUARY 8, 2010

    An act to amend Section 185036 of the Public Utilities
Code, relating to high-speed rail.   An act to add
Section 21084.2 to the Public Resources Code, relating to
environmental quality. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1747, as amended, Galgiani.  High-Speed Rail Authority.
  Environmental quality: development projects: mineral
deposits.  
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect. CEQA requires that all public agencies adopt by ordinance,
resolution, rule, or regulation, objectives, criteria, and procedures
for the evaluation of projects and the preparation of environmental
impact reports and negative declarations pursuant to the act. 

   This bill would require a lead agency, if a proposed residential,
retail, or commercial development project would preclude or
substantially and directly impede the present or potential future use
of lands for mineral extraction in an area that has received a
specified classification by the State Geologist as containing mineral
deposits of statewide or regional significance, to determine whether
those impacts may have a significant effect on the environment,
including, but not limited to, any significant effect on air quality.
By imposing new duties on a lead agency with respect to determining
whether certain development projects may have a significant effect on
the environment, the bill would impose a state-mandated local
program.  
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law creates the High-Speed Rail Authority with specified
powers and duties relating to the development and implementation of
an intercity high-speed rail system. Existing law, pursuant to the
Safe, Reliable High-Speed Passenger Train Bond Act for the 21st
Century, authorizes $9.95 billion in general obligation bonds for
high-speed rail development and other related purposes. 

   This bill would authorize the authority to consider, to the extent
permitted by federal and state law, the creation of jobs in
California when awarding major contracts including purchasing
high-speed trains, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 21084.2 is added to the 
 Public Resources Code   , to read:  
   21084.2.  If a proposed residential, retail, or commercial
development project would preclude or substantially and directly
impede the present or potential future use of lands for mineral
extraction in an area that has been classified by the State Geologist
pursuant to Section 2761 as containing mineral deposits of statewide
or regional significance, the lead agency shall determine whether
those impacts may have a significant effect on the environment,
including, but not limited to, any significant effect on air quality.

   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 185036 of the Public
Utilities Code is amended to read:
   185036.  The authority may do any of the following:
   (a) Enter into contracts with private or public entities for the
design, construction, and operation of high-speed trains. The
contracts may be separated into individual tasks or segments or may
include all tasks and segments, including a design-build or
design-build-operate contract.
   (b) Acquire rights-of-way through purchase or eminent domain.
   (c) Issue debt, secured by pledges of state funds, federal grants,
or project revenues. The pledge of state funds shall be limited to
those funds expressly authorized by statute or voter-approved
initiatives.
   (d) Enter into cooperative or joint development agreements with
local governments or private entities.
   (e) Set fares and schedules.
   (f) Relocate highways and utilities.
   (g) Consider, to the extent permitted by federal law and all other
applicable provisions of state law, the creation of jobs in
California when awarding major contracts, including, but not limited
to, purchasing high-speed trains and related equipment and supplies.