BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 455|
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THIRD READING
Bill No: SB 455
Author: Lowenthal (D)
Amended: 4/16/09
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE : 10-1, 4/21/09
AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Harman, Kehoe,
Oropeza, Pavley, Simitian, Wolk
NOES: Hollingsworth
SENATE APPROPRIATIONS COMMITTEE : 9-4, 5/26/09
AYES: Kehoe, Corbett, Denham, DeSaulnier, Hancock, Leno,
Oropeza, Wolk, Yee
NOES: Cox, Runner, Walters, Wyland
SUBJECT : High-speed rail
SOURCE : Author
DIGEST : This bill provides the High-Speed Rail Authority
with certain eminent domain powers, establishes a policy
for prioritizing investments, and provides a process for
reporting on the progress of the high-speed rail project,
and requires the five gubernatorial appointees to the
High-Speed Rail Authority be confirmed by the Senate.
ANALYSIS :
Existing law:
CONTINUED
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1. Creates the High-Speed Rail Authority (HSRA) with a nine
member governing board, including five members appointed
by the Governor, two members appointed by the Senate
Rules Committee, and two members appointed by the
Speaker of the Assembly.
2. Authorizes the HSRA to develop a high-speed rail system
extending from San Diego to Sacramento with Phase I
being between Anaheim-Los Angeles Union
Station-Bakersfield-Fresno-San Jose-San Francisco
Transbay Terminal. Proposition 1A, the Safe, Reliable
High-Speed Passenger Train Bond Act for the 21st
Century, approved by the voters in November 2008,
provides up to $9 billion for the development of the
high-speed rail system.
3. Requires the approval of the Department of General
Services (DGS) before a state agency may acquire, or
dispose, of real property but exempts real property
obtained for highway purposes by the Department of
Transportation (Caltrans).
4. Assigns various authorities to the Department of Finance
(DOF), to DGS, and to the State Public Works Board
(SPWB) related to the acquisition of property and the
development of infrastructure projects, but exempts
Caltrans and other large state agencies from these
authorities.
5. Requires DGS to inventory state-owned property, other
than property owned by Caltrans.
6. Requires the approval of DOF and SPWB before a state
agency may expend funds from an appropriation for
capital outlay purposes, but exempts Caltrans, the
University of California, the California State
University, and the community colleges from this
provision.
This bill:
1. In regard to property matters:
A. Exempts the HSRA from various statutory provisions
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related to the acquisition and disposal of property
that requires the approval of DOF.
B. Exempts the HSRA from securing the approval of DOF
or SPWB when expending funds appropriated for capital
outlay purposes.
C. Authorizes the HSRA to acquire an easement or
right-of-way without the securing the approval of the
DGS Director.
D. Prohibits the DGS Director from granting easements
across the property of the HSRA.
E. Authorizes the HSRA to negotiate, in the name of
the state, access to right-of-way it owns, including
the value of the right of access. The revenue
received shall be deposited in the State
Transportation Fund.
F. Prohibits DGS from maintaining a property
inventory of the property owned by the HSRA.
2. Requires the five gubernatorial appointees to the HSRA
to be confirmed by the Senate.
3. Establishes criteria for making investments with any
funds may available to Phase I of the high-speed rail
project, including:
A. Enhancement of railroad access to stations and
terminals, with priority be given to those facilities
that serve the largest employment centers.
B. Improvements to travel time, service reliability,
safety, and service frequency for existing commuter
and intercity passenger trains services.
C. Improvement of the connection from the San Joaquin
Valley to Southern California and from the San
Joaquin Valley to the Bay Area.
4. Requires changes in contracts entered into by the HSRA
be approved by its governing board.
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5. Requires the creation of an overall project schedule
with project delivery milestones for all aspects of the
high-speed rail project and the identification of the
elements of the project schedule that are critical to
ensuring the project remains on schedule. A report of
on the status of the schedule shall be made to the HSRA
governing board, with copies of the report being
submitted quarterly to the Legislature and the
Legislative Analyst's Office.
Comments
Purpose of the bill . This bill provides the HSRA with
authority to facilitate the development of the high-speed
rail service, establishes legislative priorities for
high-speed rail investments, and provides a structure to
ensure accountability in the performance of its functions
and activities.
The Senate Transportation and Housing Committee has held
four oversight hearings on the HSRA in the last 18 months.
It is clear from the hearings that the HSRA is unequipped
to move from a planning and promotional entity to a project
development entity without additional authority and a
structure of accountability. The passage of Proposition 1A
(2008) now requires the creation of a structure of
accountability within the HSRA.
Appointees require confirmation . When the HSRA was first
established, it was intended to expire on June 30, 2001.
In 2002, legislation made the HSRA permanent. With the
approval of Proposition 1A (2008), it is appropriate to
address the appointment process for the governing board of
the HSRA. To this end, requiring the confirmation of the
Governor's appointees is a standard practice. For example,
the California Energy Commission, the California
Transportation Commission, and other state boards and
commissions have legislative appointees with gubernatorial
appointees who require confirmation by the Senate.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Property management likely no net costs
Bond*
Quarterly reports $50 $100
$100Bond*
Contract amendments minors costs for board
approval of changes Bond*
* High-Speed Passenger Train Bond Fund
JJA:mw 5/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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