BILL NUMBER: AB 292 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2011
AMENDED IN ASSEMBLY MARCH 7, 2011
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 8, 2011
An act to add Section 185034.3 to the Public Utilities Code,
relating to high-speed rail.
LEGISLATIVE COUNSEL'S DIGEST
AB 292, as amended, Galgiani. High-speed rail: agricultural lands.
Existing law, the California High-Speed Rail Act, creates the
High-Speed Rail Authority to develop and implement a high-speed rail
system in the state, with specified powers and duties. Existing law,
pursuant to 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. Various federal laws provide funding for allocation
nationally to high-speed rail and other related projects.
This bill would require the authority to develop a policy
that addresses the preservation of farmland in agricultural areas
where high-speed rail lines are proposed for construction and
considers various impacts on those lands that may occur as a result
of high-speed rail construction. The bill would require the
authority, based on that policy, to develop, and following an
opportunity for public comment, to adopt and implement a farmland
preservation and mitigation plan. The bill would also require the
independent peer review group, established to review certain of the
authority's plans and assumptions, to consult with persons with whom
the authority has entered into memoranda of understanding for the
purpose of identifying best practices for mitigating impacts to
farmland from high-speed rail construction, and to report to the
Legislature in that regard by March 1, 2012 appoint an
agricultural advisory committee with an unspecified number of
members . The bill would require the authority to consult
with the committee and to reflect the committee's comments on
authority policies and related matters in any action item
brought b efore the board of the authority .
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. The Legislature finds and declares all
of the following:
(a) The agricultural industry is concerned that the High-Speed
Rail Authority is not preserving agricultural lands in its planning
activities.
(b) Proposed plans for high-speed rail alignments divide parcels,
separating wells from growing fields, leaving some farmers without
access to water or otherwise adversely affecting irrigation systems.
(c) Proposed plans cause some parcels to be orphaned, without
egress, and potentially unprofitable.
(d) Loss of agricultural lands creates long-term loss of revenues
to farm families, farmworkers and their families, and related
agricultural business suppliers.
(e) California farmland is some of the most fertile farmland in
the world and is not a renewable resource.
(f) Many potentially impacted lands are considered heritage lands,
having been in the same family for over 100 years.
(g) California farmers and ranchers are major contributors to
local, state, and national economies, providing employment to many
and generating a domestic food supply.
(h) It is the intent of the Legislature that any impacts on
agriculture and resulting problems from high-speed rail construction
be fully mitigated. Mitigation considerations should not be limited
to conventional practices, but should also include options used by
other states and nations, or new mitigation options not previously
implemented.
SEC. 2. Section 185034.3 is added to the
Public Utilities Code , to read:
185034.3. (a) The authority shall appoint an agricultural
advisory committee. The purpose of the committee is to advise the
authority on the impact that authority policies, plans, practices,
and procedures will have on the agricultural community. The authority
shall consult with the agricultural advisory committee prior to
adopting any policy relevant to agriculture, and reflect the comments
of the advisory committee in any action item to adopt a policy or
other action that is brought before the board of the authority. The
authority shall provide written responses to the committee's
comments, which shall be distributed both to the board and the
committee.
(b) The agricultural advisory committee shall consist of ____
members, representing specific areas proposed to be affected by plans
for high-speed rail. Each member shall be active in a farming
enterprise and have technical expertise in farm-related activities,
including, but not limited to, well drilling, irrigation systems,
animal husbandry, harvesting, processing, and agricultural
transportation. The committee shall include representatives of
agricultural and related trade organizations.
(c) Nothing in this section shall be construed to affect any other
requirements that may be imposed by law for the authority to respond
to public comments submitted to the authority in writing or at
public hearings.
SECTION 1. Section 185034.3 is added to the
Public Utilities Code, to read:
185034.3. (a) The authority shall develop a policy that addresses
the preservation of farmland in agricultural areas where high-speed
rail lines are proposed for construction. The authority shall give
consideration to all of the following:
(1) Displacement or disruption of water wells.
(2) Displacement or disruption of water irrigation systems.
(3) Loss of revenues from future crops when determining land
valuations associated with land acquisition for high-speed rail
lines.
(4) Loss of value to property in cases where a high-speed rail
line crosses farmland on a diagonal, rendering the remaining farmland
compromised or unusable.
(5) Other impacts on agriculture identified in hearings of the
authority, hearings of the Senate and Assembly committees with
jurisdiction over agriculture, and hearings of the Assembly Select
Committee on High-Speed Rail.
(b) (1) Based on the policy developed pursuant to subdivision (a),
the authority shall develop, adopt, and implement a farmland
preservation and mitigation plan.
(2) The authority shall provide a 60-day public comment period on
the draft farmland preservation and mitigation plan prior to adopting
the plan.
(c) The independent peer review group established pursuant to
Section 185035 shall consult with persons with whom the authority has
entered into memoranda of understanding for the purpose of
identifying best practices for mitigating impacts to farmland from
high-speed rail construction. The peer review group shall provide a
report of its findings from those consultations to the authority, the
Senate and Assembly committees with jurisdiction over agriculture,
and the Assembly Select Committee on High-Speed Rail. The report
shall be submitted on or before March 1, 2012.