BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1747 
                                                                  Page  1

          Date of Hearing:   April 5, 2010

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                AB 1747 (Galgiani) - As Introduced:  February 28, 2010
           
          SUBJECT  :  California High-Speed Rail Authority:  California job  
          creation

           SUMMARY  :  Authorizes the California High-Speed Rail Authority  
          (Authority) to 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 or  
          purchasing high-speed trains and related equipment and supplies.  
           

           EXISTING LAW  :  

          1)Requires contracts for the purchase of supplies for state or  
            local government use to include provisions granting  
            preferences for supplies grown, manufactured, or produced in  
            California.  Authorizes the use of the preference when  
            in-state products and supplies do not exceed more than 5% of  
            the price of the lowest bid for goods and supplies  
            manufactured out-of-state.  

          2)Establishes procedures for competitive bidding of certain  
            contracts by public entities and requires them to give  
            California companies preference on construction contracts  
            against nonresident contractors.  The preference is equal to  
            any preference that the nonresident contractor receives on  
            public works contracts in its state of residency.  

          3)Requires state and local governmental entities, for the  
            construction or repair of public works or for the purchasing  
            of materials and supplies for public use, to utilize, with  
            certain exceptions, materials produced in the United States.  

          4)Requires the Employment Development Department, the Employment  
            Training Panel, the local Job Training Partnership Act service  
            delivery area, and the local community colleges, to the extent  
            funds are available, to develop and provide appropriate  
            training programs for local workers for the construction and  
            operation of the Superconducting Super Collider project.   
            Requires that preference be given to the hiring of qualified  








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            local workers.  

          5)Requires the California Energy Commission, in maximizing the  
            goals of the Alternative and Renewable Fuel and Vehicle  
            Technology Program, to provide preferential funding based upon  
            criteria that includes, among other items, to those projects  
            that "provides economic benefits for California by promoting  
            California-based technology firms, jobs, and businesses."  

          6)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.  
           
          7)Enacts the Safe, Reliable High-Speed Passenger Train Bond Act  
            for the 21st Century (Bond Act).  The 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.  

          8)Authorizes, through enactment of the American Recovery and  
            Reinvestment Act of 2009 (the recently enacted federal  
            economic stimulus package), $2.25 billion for the planning and  
            construction of Phase 1 of the high-speed rail passenger  
            system in California.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee's analysis of AB 733 (Galgiani) of 2009, an identical  
          bill introduced by the author last year, the bill would  
          "probably have no direct fiscal effect, as the bill neither  
          requires nor allows the Authority to award contracts to other  
          than the lowest bidder, or in the case of negotiated contracts,  
          to the most qualified firm."  

           COMMENTS  :  According to the author, this bill "seeks to maximize  
          the number of California-based jobs that will be created by  
          contracts for the construction of the High-Speed Train (HST)  
          project and the purchase of materials related to it as a means  
          to improve and strengthen the California economy and job base?AB  
          733 simply authorizes the Authority to consider the creation of  
          California jobs as an additional criterion or factor when  
          awarding major construction, equipment or supply contracts for  
          the HST project.  The permission would extend only as far as  
          other applicable provisions of state or federal law permit."  








                                                                  AB 1747 
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          Various existing state laws currently require, to some extent,  
          specific state agencies to use California preferences in the  
          purchase of goods and supplies as well as in the letting of  
          certain construction contracts.  This bill, however, does not  
          require the Authority to impose a California preference but  
          authorizes it to consider, to the extent allowed by federal and  
          state laws, the creation of California jobs when it awards a  
          contract for the high-speed rail project.  

          This bill is a reintroduction of AB 733 (Galgiani) of 2009.  The  
          Governor vetoed AB 733, indicating that the bill "could result  
          in unnecessary additional costs and delays and may jeopardize  
          the success of the project in securing the billions of dollars  
          that are needed to construct this project."  

           Related bill  :  AB 1830 (Galgiani) of 2010, requires the  
          Authority to make every effort to purchase high-speed train  
          rolling stock and related equipment that are manufactured in  
          California.  AB 1830 is being heard in this committee.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          State Building and Construction Trades Council of California

           Opposition 
           
          None on file
           

          Analysis Prepared by  :   Ed Imai / TRANS. / (916) 319-2093