BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1092
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          Date of Hearing:   April 25, 2011

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
            AB 1092 (Bonnie Lowenthal) - As Introduced:  February 18, 2011
           
          SUBJECT  :  High-Speed Rail Authority:  reporting 

           SUMMARY  :  Requires the California High-Speed Rail Authority 
          (Authority), beginning March 1, 2012 and biannually thereafter, 
          to report on the development and implementation of intercity 
          high-speed rail. Specifically,  this bill  :  

          1)Requires the Authority to provide a report to the Senate 
            Committee on Transportation and Housing, the Assembly 
            Committee on Transportation, the Senate Committee on Budget 
            and Fiscal Review, and the Assembly Committee on Budget on the 
            development and implementation of the high-speed rail project. 
             

          2)Specifically requires the following elements to be included in 
            the report:  

             a)   A summary describing the overall progress of the report; 
                

             b)   The baseline budget for all project phase costs, by 
               segment or contract, beginning with the 2009 business plan; 
                

             c)   The current and projected budget, by segment or 
               contract, for all project phases;  

             d)   Expenditures to date, by segment or contract, for all 
               project phases;  

             e)   A comparison of the current and projected work schedule 
               against the baseline schedule contained in the 2009 
               business plan;  

             f)   A summary of milestones achieved during the past year 
               and of milestones expected to be reached in the coming 
               year;  

             g)   Any issues identified during the prior year and actions 








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               taken to address those issues; and,

             h)   A thorough discussion of various risks to the project 
               and steps taken to mitigate those risks.  

           EXISTING LAW:  

          1)Creates the Authority to direct the development and 
            implementation of intercity high-speed rail service throughout 
            California, initially running from San Francisco to Los 
            Angeles via the Central Valley, and later to Sacramento and 
            San Diego.  

          2)Requires the Authority to prepare, publish, adopt, and submit 
            to the Legislature a business plan every two years, beginning 
            January 1, 2012, with prescribed elements.  

          3)Requires the Authority, no later than 90 days prior to making 
            an initial request for appropriation of bond proceeds for any 
            eligible capital costs on each corridor, or usable segment 
            thereof, to approve and submit to the Director of Finance, the 
            high-speed rail peer review group, and the Legislature, a 
            detailed funding plan for that corridor or a usable segment 
            thereof; requires the plan to include, identify, or certify 
            specific elements.  

          4)Requires the Authority, prior to committing any bond proceeds 
            for construction or right of way or equipment acquisition, on 
            each corridor, or usable segment thereof, to have approved and 
            concurrently submitted to the Department of Finance and the 
            Legislature, the following:  

             a)   A detailed funding plan with specific elements; and,

             b)   Report or reports, prepared by one or more financial 
               services firms, financial consulting firms, or other 
               consultants, independent of any parties, other than the 
               Authority, involved in funding or constructing the 
               high-speed train system, affirming specific conditions.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  Existing law requires numerous reports of the 
          Authority, such as a business plan every two years, a detailed 
          funding plan prior to the Authority's initial request for bond 








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          proceeds for capital expenditures, and another detailed funding 
          plan prior to expending any bond proceeds for capital 
          construction or right of way acquisition.  The primary purpose 
          of these reports has been to ensure the feasibility of the 
          project overall, before construction begins, including the 
          feasibility of each individual segment of the system.  The 
          reports are also intended to ensure that the state's fiscal 
          liability for the construction, operation, and maintenance of 
          the system is identified and is limited.  

          AB 1092 requires a report of an entirely different nature.  The 
          report required by this bill is one that has been recommended by 
          the Legislative Analyst's Office and that is currently being 
          used to track the progress on the project to replace the East 
          Span of the San Francisco-Oakland Bay Bridge.  That project is 
          currently the largest public works project ever undertaken in 
          California.  

          According to the Legislative Analyst's Office, "Multiyear mega 
          projects such as the high-speed rail project are susceptible to 
          significant unexpected challenges in their planning, 
          development, and construction as well as financing.  For 
          example, a 2004 report by the �Bureau of State Audits] regarding 
          the replacement of the Oakland-San Francisco Bay Bridge, another 
          mega project, found that a considerable financial crisis arose 
          in part due to the project management's failure to disclose huge 
          cost overruns as soon as it was aware of them.  Because the 
          state has committed a significant amount of funding for the 
          high-speed rail project, it is important that the Legislature be 
          provided from the outset with regular updates on the project's 
          progress to avoid unexpected challenges in the project's 
          development."  
           
           According to the author, "AB 1092 will ensure the Legislature is 
          provided with the regular project status reporting it needs as 
          we begin development and construction of the next, largest 
          public works project California has ever undertaken."  

           REGISTERED SUPPORT / OPPOSITION  :  
           
           Support 
           
          Californians for High Speed Rail

           Opposition 








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          None on file
           

          Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093