BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 292|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 292
Author: Galgiani (D), et al.
Amended: 8/16/11 in Senate
Vote: 27 - Urgency
SENATE TRANSPORTATION & HOUSING COMMITTEE : 6-1, 6/28/11
AYES: DeSaulnier, Harman, Huff, Lowenthal, Rubio, Simitian
NOES: Gaines
NO VOTE RECORDED: Kehoe, Pavley
SENATE AGRICULTURE COMMITTEE : 4-1, 7/5/11
AYES: Cannella, Rubio, Vargas, Wolk
NOES: La Malfa
NO VOTE RECORDED: Berryhill, Evans
SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
ASSEMBLY FLOOR : 70-4, 6/2/11 - See last page for vote
SUBJECT : High-speed rail: agricultural lands
SOURCE : Author
DIGEST : This bill requires the High-Speed Rail Authority
to appoint a nine-member agricultural advisory committee to
consult with prior to adopting any policy relevant to
agriculture.
CONTINUED
AB 292
Page
2
ANALYSIS : SB 1420 (Kopp), Chapter 796, Statutes of 1996,
created the High-Speed Rail Authority (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. Specifies the membership of the committee
shall change to reflect areas affected by each planning
phase.
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 or agricultural
enterprise or in 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.
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
CONTINUED
AB 292
Page
3
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 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.
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 percent of the
employment of the Central Valley, with every $1 billion in
agricultural exports contributing to 27,000 jobs.
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
CONTINUED
AB 292
Page
4
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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
High-Speed Rail Authority $20-$40
Bond*
consult/comment
CONTINUED
AB 292
Page
5
Department of Food & up to $35 for each round of
nominations General
Agriculture nominations
* High-Speed Passenger Train Bond Fund
SUPPORT : (Verified 8/24/11)
California Farm Bureau Federation
ARGUMENTS IN SUPPORT : According to the author's office,
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.
ASSEMBLY FLOOR : 70-4, 6/2/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
CONTINUED
AB 292
Page
6
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Hagman, Harkey,
Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Mitchell, Morrell, Nestande, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Grove, Knight, Mansoor, Nielsen
NO VOTE RECORDED: Butler, Conway, Gorell, Halderman, Hall,
Monning
JJA:mw 8/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED