BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 292
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Galgiani
VERSION: 5/27/11
Analysis by: Michelle Leinfelder
FISCAL:YES
Hearing date: June 28, 2011
SUBJECT:
High-speed rail: agricultural lands
DESCRIPTION:
This bill requires the High-Speed Rail Authority (Authority) to
appoint a nine member agricultural advisory committee to consult
with prior to adopting any policy relevant to agriculture.
ANALYSIS:
SB 1420 (Kopp), Chapter 796, Statutes of 1996, created the
Authority 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.
AB 3034 (Galgiani), Chapter 267, Statutes of 2008, authorized
the Safe, Reliable High-Speed Passenger Train Bond Act for the
21st Century (Proposition 1A). The bill authorized $9.95
billion in general obligation bonds to support the Authority in
developing a high-speed rail system extending from San Diego to
Sacramento, with Phase I connecting Anaheim-Los Angeles Union
Station-Bakersfield-Fresno-San Jose-San Francisco Transbay
Terminal. In November 2008, the people passed Proposition 1A.
This bill:
1. Requires the Authority to appoint a nine member
agricultural advisory committee for the purpose of advising
the Authority on the impact of their policies, plans,
practices, and procedures on the agricultural community.
2. Requires the Authority to select members from a list of
nominees, recommended by the Secretary of Food and
Agriculture, who are active in a farming enterprise or in
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an agricultural or related trade organization and have
technical expertise in farm-related activities.
3. Requires the Authority to consult with the agricultural
advisory committee prior to adopting any policy relevant to
agriculture, respond to any comments made by the committee,
and reflect the committee's comments in staff reports for
actions brought before the Authority board.
COMMENTS:
1. Purpose . According to the author, this bill is a modest
proposal that will go a long way in
helping the agricultural community and the Authority work
together in identifying and resolving potential impacts of the
high-speed rail project on agricultural lands. This bill will
ensure that agricultural-related concerns are sufficiently
considered by the Authority prior to adopting any policy or
taking any action that would impact the agricultural community.
The
agricultural community has been vocal about how the Authority's
choices for rail alignment will impact prime agricultural
lands and family farming operations. On September 2, 2010,
agricultural trade groups sent a letter to the Authority's board
raising concerns about the proposed routes and the impacts on
agricultural lands. In response to that letter and to the
concerns raised by Central Valley interests, a joint
informational hearing was held by the Assembly Select Committee
on High-Speed Rail and the Assembly Committee on
Agriculture to explore the impacts of high-speed rail on
agricultural lands. At that hearing, the Authority's Chief
Executive Officer stated his intent to create an Agricultural
Leadership Committee and Agricultural Technical Committee to
advise the Authority on issues related to
agricultural impacts. This bill is the result of that hearing
and furthers the Authority's stated
goal.
2. Initial high-speed rail segment proposed for the Central
Valley . In addition to the $9.95 billion in state bond
funds from Proposition 1A, the Authority has also been awarded
approximately $3.9 billion from the federal government to
support the project. The federal government awarded this
money under the contingency that the project begin in the
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Central Valley. Therefore, the Authority has elected to begin
construction on a roughly 120 mile segment that extends from
just north of Fresno to Bakersfield. The Department of
Transportation maintained this contingency for the use of
federal money despite a May 2011 recommendation by the
state's Legislative Analyst's Office that the Authority
reconsider where the project begin based on criteria that
optimizes potential statewide benefits. The
Authority plans to make right-of-way purchases and begin
construction on the segment in 2012.
3. Agriculture as a leading industry in California and the
Central Valley . California agriculture, on a whole, generates
nearly $35 billion in annual revenue. The counties of Fresno,
Tulare, Kern, and Merced are the top counties in agricultural
sales in the state and the nation, with sales exceeding $12
billion. Considering both direct farm employment and indirect
employment in the agricultural industry, agriculture accounts
for 25% of the employment of the Central Valley, with
every $1 billion in agricultural exports contributing to 27,000
jobs.
4. Concerns of the agricultural community over high-speed rail .
Concerns of the agricultural community include the
following:
Compensation. Whether the Authority acquires the land
through negotiation or by condemnation, farmers do not know
whether they will be paid only for the value of the land or
also the future lost income from permanent crops, like
grapes, tree fruit, and nuts, which have production
lifespans of 40 or more years. Aside from the business
implications of farmland loss and just compensation, there
can be intrinsic value tied to land that is a
multi-generational farm.
Farmland conversion. The Authority has stated that,
based on a right-of-way width of 100 feet, high-speed rail
will remove from farm production approximately 20 acres per
mile of track. Nevertheless, the potential for farmland
conversion should be realized as more than just what is
needed for right-of-way, as elaborated in points below.
Diagonal cutting of parcels. Proposed routes ignore
property lines, diagonally cutting parcels and rendering
some unfarmable.
Irrigation systems. Interrupted irrigation canals will
be costly to reconfigure because water currently travels by
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gravity pull. Should the flow be interrupted, pumps will
be needed to deliver water to homes and farms.
Additionally, if wells are located on unfarmable parcels,
then new wells will be needed.
Chemical applications. According to law, chemical
applications must be applied at a wind speed of less than
10 miles per hour. Should the speed of wind increase, a
farmer must wait until conditions are favorable to resume
spray applications. Additionally, chemical drift to
passenger vehicles is prohibited by law; and thus, chemical
applications are often made at night or before dawn.
High-speed trains running day and night at 220 miles per
hour will present challenges for chemical applications
because of their frequency and speed of travel.
Bee pollination. Permanent orchard crops require bee
pollination, but bees will only work under particular
temperature and wind conditions. Fast trains could disrupt
bee activity, which would decrease pollination success and
cropping.
5. Double-referral . The Rules Committee referred this bill both
to the Transportation and Housing Committee and to
the Agriculture Committee. Therefore, if this bill passes this
committee, it will be referred to the Agriculture Committee.
Assembly Votes:
Floor: 70-4
Appr: 12-5
Trans: 14-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday, June 22,
2011)
SUPPORT: California Farm Bureau Federation
OPPOSED: None received.