BILL NUMBER: AB 1496 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 5, 2012
AMENDED IN SENATE JUNE 26, 2012
AMENDED IN SENATE JUNE 25, 2012
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2012
An act to amend Section 6253.2 of, to add Section 6531.5
to, to add Title 23 (commencing with Section 110000) to, and to add
and repeal Section 110035.5 of, the Government Code, and to amend
Sections 10101.1, 12306, and 12306.1 of, and to add Sections 12300.5,
12300.6, 12300.7, 12302.6, 12306.15, 12330, 14186.35, and 14186.36
to, the Welfare and Institutions Code, relating to public social
services, the Budget Act of 2012 by adding Items
2660-104-6043, 2660-304-6043, 2665-104-6043, 2665-304-0890,
2665-304-6043, 2665-305-0890, 2665-305-6043, 2665-306-0890, and
2665-306-6043 to Section 2.00 of that act, relating to the state
budget, and making an appropriation therefor, to take effect
immediately, bill related to the budget bill
.
LEGISLATIVE COUNSEL'S DIGEST
AB 1496, as amended, Committee on Budget. Public social
services: in-home supportive services. Budget Act of
2012.
The Budget Act of 2012 makes appropriations for the support of
state government for the 2012-13 fiscal year.
This bill would amend the Budget Act of 2012 by adding items of
appropriation relating to a high-speed rail system in the state.
This bill would declare that it is to take effect immediately as a
Budget Bill.
Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged,
blind, and disabled persons are provided with services in order to
permit them to remain in their own homes and avoid
institutionalization. Existing law authorizes services to be provided
under the IHSS program either through the employment of individual
providers, a contract between the county and an entity for the
provision of services, the creation by the county of a public
authority, or a contract between the county and a nonprofit
consortium.
This bill would establish the California In-Home Supportive
Services Authority (Statewide Authority) and would deem the authority
a joint powers authority and a public entity separate and apart from
the parties that have appointing power to the authority, as
specified, or the employers of those individuals so appointed. This
bill would require the authority to be the entity authorized to meet
and confer in good faith regarding wages, benefits, and other terms
and conditions of employment with representatives of recognized
employee organizations for any individual provider who is employed by
a recipient of supportive services.
Under existing law, any public authority created under the IHSS
program is deemed to be the employer of in-home support services
personnel within the meaning of the Meyers-Milias Brown Act, which
governs local employer-employee relations. Existing law also provides
that any nonprofit consortium contracting with a county is deemed
the employer of in-home supportive services personnel for the
purposes of collective bargaining over wages, hours, and other terms
and conditions of employment. Existing law also establishes the
Public Employment Relations Board (PERB) in state government as a
means of resolving disputes and enforcing the statutory duties and
rights of employers and employees under, among other provisions, the
Educational Employment Relations Act, the Higher Education
Employer-Employee Relations Act, the Ralph C. Dills Act, and the
Meyers-Milias-Brown Act.
This bill would establish the In-Home Supportive Services
Employer-Employee Relations Act for the purpose of resolving disputes
regarding wages, benefits, and other terms and conditions of
employment between the California In-Home Supportive Services
Authority (Statewide Authority), as specified, and recognized
employee organizations. Under the act, the Statewide Authority would
be deemed to be the employer of record, for purposes of collective
bargaining, of individual providers of in-home supportive services in
each county, upon implementation by a county, in accordance with
certain procedures. Pursuant to the act, employees would have the
right to form, join, and participate in the activities of employee
organizations for the purpose of representation on all matters within
the scope of representation.
The bill would require separate bargaining units to be created,
consistent with bargaining units that have been recognized by
predecessor agencies, as defined. The bill would require the
Statewide Authority to meet and confer in good faith with employee
organizations on all matters within the scope of representation, as
specified. The bill would further require the Statewide Authority to
assume the predecessor agency's rights and obligations under any
memorandum of understanding or agreement between the predecessor
agency and the recognized employee organization that is in effect on
the county implementation date until it expires. The bill would
provide that individual providers employed by a predecessor agency
would retain employee status and would not be required by the
Statewide Authority to requalify to receive payment for providing
services.
The bill also would make the powers and duties of PERB applicable
to its provisions, establish legal procedures for appeals regarding
recognition or certification of an employee organization, authorize
agency shop agreements and fee obligations, establish mediation and
impasse procedures, and authorize the Statewide Authority to adopt
reasonable rules and regulations relating to determining the status
of organizations and associations. The bill also would authorize PERB
and the Statewide Authority to adopt emergency regulations to
implement the act, as specified.
The bill would establish the In-Home Supportive Services Fund
within the State Treasury. Moneys in the fund would be made
available, upon appropriation by the Legislature, to the Statewide
Authority for the purposes of funding its functions.
This bill would require all counties, commencing July 1, 2012, to
have a County IHSS Maintenance of Effort (MOE), and would require
counties to pay the County IHSS MOE instead of paying the nonfederal
share of IHSS costs, as specified.
The bill would require the Statewide Authority to assume
prescribed responsibilities in a county or city and county upon
notification by the Director of Health Care Services that the
assignment of eligible Medi-Cal beneficiaries described in a
specified provision of law has been completed in that county or city
and county. The bill would require the county or city and county to
take certain actions upon this notification. By increasing the duties
of local officials, this bill would create a state-mandated local
program.
This bill would authorize managed care health plans, as defined,
to assume the authority, previously granted to counties, to contract
for the provision of in-home supportive services with a qualified
agency, as defined, subject to specified restrictions and
requirements.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
The Medi-Cal program is, in part, governed and funded by federal
Medicaid Program provisions. One of the methods by which these
services are provided is pursuant to contracts with various types of
managed care plans.
This bill would provide that, not sooner than March 1, 2013, IHSS
shall be a Medi-Cal benefit available through managed care health
plans in specified counties. This bill would require that the managed
care health plans, among other things, enter into a memoranda of
understanding and contract with applicable entities, as specified,
and would provide that IHSS recipients receiving services through
managed care health plans shall retain specified rights and
responsibilities. This bill would, until July 1, 2017, require the
State Department of Health Care Services, the State Department of
Social Services, and the California Department of Aging to establish
a stakeholder workgroup, as prescribed, to develop a universal
assessment process, including a universal assessment tool, to be used
for home- and community-based services, as defined, including IHSS.
This bill would become inoperative under certain circumstances.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would appropriate $1,000 from the General Fund to the
State Department of Health Care Services for administration.
This bill would become operative only if AB 1468 or SB 1008 of the
2011-12 Regular Session is enacted and takes effect.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Item 2660-104-6043 is added to Section
2.00 of the Budget Act of 2012 , to read:
2660-104-6043--For local assistance,
Department of Transportation, payable
from the High-Speed Passenger Train Bond
Fund...................................... 713,333,000
Schedule:
(1) 30.10-Mass
Transportation...... 713,333,000
Provisions:
1. These funds shall be available
for encumbrance or liquidation
until June 30, 2018.
2. The funds appropriated in this
item shall be available for
capital improvement projects to
intercity and commuter rail
lines and urban rail systems
that provide direct connectivity
to the high-speed train system
and its facilities, or that are
part of the construction of the
high-speed train system, as
adopted by the California
Transportation Commission,
pursuant to Section 2704.095 of
the Streets and Highways Code.
4. Any funds appropriated in this
item for projects in the San
Francisco to San Jose corridor,
consistent with the blended
system strategy identified in
the April 2012 California High-
Speed Rail Program Revised 2012
Business Plan, shall not be used
to expand the blended system to
a dedicated four-track system.
5. The funds appropriated in this
item shall only be made
available for expenditure upon
the enactment of an
appropriation of $3,240,676,000
in Item 2665-306-0890, an
appropriation of $2,609,076,000
in Item 2665-306-6043 for the
Initial Operating Segment of the
High-Speed Rail System, and an
appropriation of $1,100,000,000
in Item 2665-104-6043 for
""Bookend'' funding, as
articulated in the 2012 High-
Speed Rail Authority Final
Business Plan.
SEC. 2. Item 2660-304-6043 is added to Section
2.00 of the Budget Act of 2012 , to read:
2660-304-6043--For capital outlay,
Department of Transportation, payable
from the High-Speed Passenger Train Bond
Fund ..................................... 106,000,000
Schedule:
(1) 30-Mass
Transportation...... 106,000,000
Provisions:
1. These funds shall be available
for encumbrance or liquidation
until June 30, 2018.
2. The funds appropriated in this
item shall be available for
capital improvement projects to
intercity and commuter rail
lines and urban rail systems
that provide direct connectivity
to the high-speed train system
and its facilities, or that are
part of the construction of the
high-speed train system, as
adopted by the California
Transportation Commission,
pursuant to Section 2704.095 of
the Streets and Highways Code.
4. Any funds appropriated in this
item for projects in the San
Francisco to San Jose corridor,
consistent with the blended
system strategy identified in
the April 2012 California High-
Speed Rail Program Revised 2012
Business Plan, shall not be used
to expand the blended system to
a dedicated four-track system.
5. The funds appropriated in this
item shall only be made
available for expenditure upon
the enactment of an
appropriation of $3,240,676,000
in Item 2665-306-0890, an
appropriation of $2,609,076,000
in Item 2665-306-6043 for the
Initial Operating Segment of the
High-Speed Rail System, and an
appropriation of $1,100,000,000
in Item 2665-104-6043 for
""Bookend'' funding, as
articulated in the 2012 High-
Speed Rail Authority Final
Business Plan.
SEC. 3. Item 2665-104-6043 is added to Section
2.00 of the Budget Act of 2012 , to read:
2665-104-6043--For local assistance,
High-Speed Rail Authority, payable from
the High-Speed Passenger Train Bond
Fund ................................... 1,100,000,000
Provisions:
1. These funds shall be
available for early
improvement projects in
the Phase 1 blended
system, consistent with
the Metropolitan
Transportation Commission
Memorandum of
Understanding, as approved
by the High-Speed Rail
Authority on April 12,
2012, in High-Speed Rail
Authority Resolution 12-11
and the Southern
California Memorandum of
Understanding, as approved
by the High-Speed Rail
Authority on April 12,
2012, in High-Speed Rail
Authority Resolution 12-
10. The funds are
available for encumbrance
or liquidation until June
30, 2018.
2. The amount appropriated in
this item is available for
expenditure for state
operations, local
assistance, or capital
outlay, and may be
transferred to Item 2665-
004-6043 or Item 2665-306-
6043. These transfers
shall require the prior
approval of the Department
of Finance.
3. Any funds appropriated in
this item for projects in
the San Francisco to San
Jose corridor, consistent
with the blended system
strategy identified in the
April 2012 California High-
Speed Rail Program Revised
2012 Business Plan, shall
not be used to expand the
blended system to a
dedicated four-track
system.
4. Provisions 4 to 11,
inclusive, of Item 2665-
306-6043 shall also apply
to this item.
5. No funds appropriated in
this item shall be
encumbered prior to the
High-Speed Rail Authority
submitting a detailed
funding plan for the
project or projects in
accordance with
subdivision (d) of Section
2704.08 of the Streets and
Highways Code to (a) the
Department of Finance, (b)
the Chairperson of the
Joint Legislative Budget
Committee, and (c) the
peer review group
established pursuant to
Section 185035 of the
Public Utilities Code.
6. No funds appropriated in
this item shall be
encumbered for
construction of a project
prior to completion of all
project-level
environmental clearances
necessary to proceed to
construction and the final
notices being contained in
the funding plan for the
project.
7. Prior to the obligation of
funds to any specific
project, and subject to
the approval of the
Department of Finance, the
High-Speed Rail Authority
Board shall develop an
accountability plan,
consistent with Executive
Order S-02-07, to
establish criteria and
procedures to govern the
expenditure of the bond
funds in this
appropriation, and the
outcomes that such
expenditures are intended
to achieve, including a
detailed project
description and project
cost. The procedures shall
ensure that the
investments comply with
requirements of applicable
state and federal laws,
and are consistent with
and advance the state high-
speed train system.
8. The High-Speed Rail
Authority shall enter into
a project management and
funding agreement with the
local sponsor of the
funded project, and the
agreement shall require
the local agencies to
report to the authority on
a quarterly basis to
ensure that all bond-
funded activities are
within the scope and cost
outlined in the agreement.
Prior to the authority
entering into any project
management and funding
agreement pursuant to this
provision, the agreement
shall be approved by the
Department of Finance.
9. Expenditures of bond
proceeds under this item
shall be subject to audit
to determine whether the
expenditures made from
bond proceeds were made
according to the
established criteria and
processes, were consistent
with all legal
requirements, and achieved
the intended outcomes. The
High-Speed Rail Authority
shall contract with the
Office of State Audits and
Evaluations for the
performance of these
audits unless alternative
audit arrangements are
made with the concurrence
of the Office of State
Audits and Evaluations.
10. The funds appropriated in
this item shall only be
made available for
expenditure upon the
enactment of an
appropriation of
$3,240,676,000 in Item
2665-306-0890, an
appropriation of
$2,609,076,000 in Item
2665-306-6043 for the
Initial Operating Segment
of the High-Speed Rail
System, an appropriation
of $106,000,000 in Item
2660-304-6043, and an
appropriation of
$713,333,000 in Item 2660-
104-6043 for Connectivity
funding.
SEC. 4. Item 2665-304-0890 is added to Section
2.00 of the Budget Act of 2012 , to read:
2665-304-0890--For capital outlay, High-
Speed Rail Authority, payable from the
Federal Trust Fund .......................... 28,310,000
Schedule:
(1) 20.15.010-San
Francisco to San Jose-
-Acquisition.......... 5,135,000
(3) 20.30.010-Merced to
Fresno--Acquisition... 2,297,000
(4) 20.40.010-Fresno to
Bakersfield-
-Acquisition.......... 3,119,000
(5) 20.45.010-Bakersfield
to Palmdale-
-Acquisition.......... 0
(6) 20.50.010-Palmdale to
Los Angeles-
-Acquisition.......... 2,566,000
(7) 20.60.010-Los Angeles
to Anaheim-
-Acquisition.......... 4,299,000
(8) 20.99.010-Project
Management and Agency
Costs--Acquisition.... 10,894,000
Provisions:
1. The projects identified in this
item may be managed by the High-
Speed Rail Authority.
2. The projects identified in this
item are subject to review by the
State Public Works Board.
3. Notwithstanding any other
provision of law, each project in
Schedules (1) to (7), inclusive,
of this item shall be the same as
the respectively coded project in
Schedules (1) to (7), inclusive,
of Items 2665-304-6043, 2665-305-
0890, and 2665-305-6043. For a
given project, funds appropriated
in this item may be transferred
to the same project in Item 2665-
305-0890. These transfers shall
require the prior approval of the
Department of Finance. The
Department of Finance shall
report annually on May 1 to the
Joint Legislative Budget
Committee a summary of any
transfers that have been made
pursuant to this provision.
4. Notwithstanding any other
provision of law, the project in
Schedule (8) of this item shall
be the same as Schedule (8) of
Item 2665-305-0890 and Schedule
(11) of Items 2665-304-6043 and
2665-305-6043. Funds appropriated
in Schedule (8) of this item may
be transferred to the same
schedule in Item 2665-305-0890
upon approval of the Department
of Finance. The Department of
Finance shall report annually on
May 1 to the Joint Legislative
Budget Committee a summary of any
transfers that have been made
pursuant to this provision.
SEC. 5. Item 2665-304-6043 is added to Section
2.00 of the Budget Act of 2012 , to read:
2665-304-6043--For capital outlay, High-
Speed Rail Authority, payable from the
High-Speed Passenger Train Bond Fund ..... 124,067,000
Schedule:
(1) 20.15.010-San
Francisco to San
Jose--Acquisition... 5,135,000
(3) 20.30.010-Merced to
Fresno--Acquisition. 2,297,000
(4) 20.40.010-Fresno to
Bakersfield-
-Acquisition........ 3,119,000
(5) 20.45.010-
Bakersfield to
Palmdale-
-Acquisition........ 0
(6) 20.50.010-Palmdale
to Los Angeles-
-Acquisition........ 2,566,000
(7) 20.60.010-Los
Angeles to Anaheim-
-Acquisition........ 4,299,000
(8) 20.70.010-Los
Angeles to San
Diego--Acquisition.. 37,055,000
(9) 20.80.010-Merced to
Sacramento-
-Acquisition........ 29,700,000
(10) 20.90.010-Altamont
Pass--Acquisition... 20,375,000
(11) 20.99.010-Project
Management and
Agency Costs-
-Acquisition........ 19,521,000
Provisions:
1. The projects identified in this
item may be managed by the High-
Speed Rail Authority.
2. The projects identified in this
item are subject to review by
the State Public Works Board.
3. Notwithstanding any other
provision of law, each project
in Schedules (1) to (10),
inclusive, of this item shall
be the same as the respectively
coded project in Schedules (1)
to (7), inclusive, of Items
2665-304-0890, 2665-305-0890,
and 2665-305-6043, and
Schedules (8) to (10),
inclusive, of Item 2665-305-
6043. For a given project,
funds appropriated in this item
may be transferred to the same
project in Items 2665-305-6043.
These transfers shall require
the prior approval of the
Department of Finance. The
Department of Finance shall
report annually on May 1 to the
Joint Legislative Budget
Committee a summary of any
transfers that have been made
pursuant to this provision.
4. Notwithstanding any other
provision of law, the project
in Schedule (11) of this item
shall be the same as Schedule
(11) of Item 2665-305-6043 and
Schedule (8) of Items 2665-304-
0890 and 2665-305-0890. Funds
appropriated in Schedule (11)
of this item may be transferred
to the same schedule in Item
2665-305-6043 upon approval of
the Department of Finance. The
Department of Finance shall
report annually on May 1 to the
Joint Legislative Budget
Committee a summary of any
transfers that have been made
pursuant to this provision.
SEC. 6. Item 2665-305-0890 is added to Section
2.00 of the Budget Act of 2012 , to read:
2665-305-0890--For capital outlay, High-
Speed Rail Authority, payable from the
Federal Trust Fund .......................... 20,044,000
Schedule:
(1) 20.15.010-San
Francisco to San Jose-
-Design............... 74,000
(3) 20.30.010-Merced to
Fresno--Design........ 4,987,000
(4) 20.40.010-Fresno to
Bakersfield--Design... 8,246,000
(5) 20.45.010-Bakersfield
to Palmdale--Design... 195,000
(6) 20.50.010-Palmdale to
Los Angeles--Design... 0
(7) 20.60.010-Los Angeles
to Anaheim--Design.... 0
(8) 20.99.010-Project
Management and Agency
Costs--Design......... 6,542,000
Provisions:
1. The projects identified in this
item may be managed by the High-
Speed Rail Authority.
2. The projects identified in this
item are subject to review by the
State Public Works Board.
3. Notwithstanding any other
provision of law, each project in
Schedules (1) to (7), inclusive,
of this item shall be the same as
the respectively coded project in
Schedules (1) to (7), inclusive,
of Items 2665-304-0890, 2665-304-
6043, and 2665-305-6043. For a
given project, funds appropriated
in this item may be transferred
to the same project in Item 2665-
304-0890. These transfers shall
require the prior approval of the
Department of Finance. The
Department of Finance shall
report annually on May 1 to the
Joint Legislative Budget
Committee a summary of any
transfers that have been made
pursuant to this provision.
4. Notwithstanding any other
provision of law, the project in
Schedule (8) of this item shall
be the same as Schedule (8) of
Item 2665-304-0890 and Schedule
(11) of Items 2665-304-6043 and
2665-305-6043. Funds appropriated
in Schedule (8) of this item may
be transferred to the same
schedule in Item 2665-304-0890
upon approval of the Department
of Finance. The Department of
Finance shall report annually on
May 1 to the Joint Legislative
Budget Committee a summary of any
transfers that have been made in
respect to this provision.
SEC. 7. Item 2665-305-6043 is added to Section
2.00 of the Budget Act of 2012 , to read:
2665-305-6043--For capital outlay, High-
Speed Rail Authority, payable from the
High-Speed Passenger Train Bond Fund....... 80,106,000
Schedule:
(1) 20.15.010-San
Francisco to San
Jose--Design........ 74,000
(3) 20.30.010-Merced to
Fresno--Design...... 4,987,000
(4) 20.40.010-Fresno to
Bakersfield--Design. 8,246,000
(5) 20.45.010-
Bakersfield to
Palmdale--Design.... 195,000
(6) 20.50.010-Palmdale
to Los Angeles-
-Design............. 0
(7) 20.60.010-Los
Angeles to Anaheim-
-Design............. 0
(8) 20.70.010-Los
Angeles to San
Diego--Design....... 19,068,000
(9) 20.80.010-Merced to
Sacramento--Design.. 24,176,000
(10) 20.90.010-Altamont
Pass--Design........ 16,055,000
(11) 20.99.010-Project
Management and
Agency Costs-
-Design............. 7,305,000
Provisions:
1. The projects identified in this
item may be managed by the High-
Speed Rail Authority.
2. The projects identified in this
item are subject to review by
the State Public Works Board.
3. Notwithstanding any other
provision of law, each project
in Schedules (1) to (10),
inclusive, of this item shall
be the same as the respectively
coded project in Schedules (1)
to (7), inclusive, of Items
2665-304-0890, 2665-304-6043,
and 2665-305-0890, and
Schedules (8) to (10),
inclusive, of Item 2665-304-
6043. For a given project,
funds appropriated in this item
may be transferred to the same
project in Items 2665-304-6043.
These transfers shall require
the prior approval of the
Department of Finance. The
Department of Finance shall
report annually on May 1 to the
Joint Legislative Budget
Committee a summary of any
transfers that have been made
pursuant to this provision.
4. Notwithstanding any other
provision of law, the project
in Schedule (11) of this item
shall be the same as Schedule
(11) of Item 2665-304-6043 and
Schedule (8) of Items 2665-304-
0890 and 2665-305-0890. Funds
appropriated in Schedule (11)
of this item may be transferred
to the same schedule in Item
2665-304-6043 upon approval of
the Department of Finance. The
Department of Finance shall
report annually on May 1 to the
Joint Legislative Budget
Committee a summary of any
transfers that have been made
pursuant to this provision.
SEC. 8. Item 2665-306-0890 is added to Section
2.00 of the Budget Act of 2012 , to read:
2665-306-0890--For capital outlay, High-
Speed Rail Authority, payable from the
Federal Trust Fund ....................... 3,240,676,000
Schedule:
(1) 20.01.010-Initial
Operating Segment,
Section 1-
-Acquisition and 3,240,676,00
Build............... 0
Provisions:
1. The project identified in this
item may be managed by the High-
Speed Rail Authority.
2. The expenditure of funds
appropriated in this item are
governed by Section 13332.19 of
the Government Code. The project
identified in this item is
subject to review and oversight
by the State Public Works Board.
The project may be implemented
using several design-build
contracts, each of which will
have its own set of performance
criteria or performance criteria
and concept drawings. Funds
appropriated for the build
portion of this project may only
be expended after the Department
of Finance and the State Public
Works Board have approved
performance criteria or
performance criteria and concept
drawings for the design-build
contract. These approvals may be
provided for each design-build
contract, from time to time, and
build funds associated with that
design-build contract may be
expended at that time.
3. Notwithstanding Section 1.80,
the appropriation made in this
item is available for
encumbrance until June 30, 2018.
4. Provisions 4 to 11, inclusive,
of Item 2665-306-6043 shall also
apply to this item.
5. The funds appropriated in this
item shall only be made
available for expenditure upon
the enactment of an
appropriation of $106,000,000 in
Item 2660-304-6043, an
appropriation of $713,333,000 in
Item 2660-104-6043 for
""Connectivity'' funding, and an
appropriation of $1,100,000,000
in Item 2665-104-6043 for
""Bookend'' funding, as
articulated in the 2012 High-
Speed Rail Authority Final
Business Plan.
SEC. 9. Item 2665-306-6043 is added to Section
2.00 of the Budget Act of 2012 , to read:
2665-306-6043--For capital outlay, High-
Speed Rail Authority, payable from the
High-Speed Passenger Train Bond Fund ..... 2,609,076,000
Schedule:
(1) 20.01.010-Initial
Operating Segment,
Section 1-
-Acquisition and
Build............... 2,609,076,000
Provisions:
1. The project identified in this
item may be managed by the High-
Speed Rail Authority.
2. The expenditure of funds
appropriated in this item are
governed by Section 13332.19 of
the Government Code. The project
identified in this item is
subject to review and oversight
by the State Public Works Board.
The project may be implemented
using several design-build
contracts, each of which will
have its own set of performance
criteria or performance criteria
and concept drawings. Funds
appropriated for the build
portion of this project may only
be expended after the Department
of Finance and the State Public
Works Board have approved
performance criteria or
performance criteria and concept
drawings for the design-build
contract. These approvals may be
provided for each design-build
contract, from time to time, and
build funds associated with that
design-build contract may be
expended at that time.
3. Notwithstanding Section 1.80, the
appropriation made in this item
is available for encumbrance
until June 30, 2018.
4. On or before March 1 and November
15 of each year for which funding
appropriated in this item is
encumbered, the High-Speed Rail
Authority shall provide a Project
Update Report approved, as
consistent with the criteria in
this provision, by the Secretary
of Business, Transportation and
Housing to the budget committees
and the appropriate policy
committees of both houses of the
Legislature on the development
and implementation of intercity
high-speed train service pursuant
to Section 185030 of the Public
Utilities Code. The report, at a
minimum, shall include a
programwide summary, as well as
details by project segment, with
all information necessary to
clearly describe the status of
the project, including, but not
limited to, all of the following:
(a) A summary describing the
overall progress of the
project.
(b) The baseline budget for all
project phase costs, by
segment or contract,
beginning with the
California High-Speed Rail
Program Revised 2012
Business Plan.
(c) The current and projected
budget, by segment or
contract, for all project
phase costs.
(d) Expenditures to date, by
segment or contract, for
all project phase costs.
(e) A comparison of the current
and projected work schedule
and the baseline schedule
contained in the California
High-Speed Rail Program
Revised 2012 Business Plan.
(f) A summary of milestones
achieved during the prior
year and milestones
expected to be reached in
the coming year.
(g) Any issues identified
during the prior year and
actions taken to address
those issues.
(h) A thorough discussion of
various risks to the
project and steps taken to
mitigate those risks.
5. (a) With respect to contracts
scheduled to be awarded in
December 2012 to commence
construction of the first
construction segment of the
initial operating section
of the high-speed rail
system, as described in the
California High-Speed Rail
Program Revised 2012
Business Plan adopted by
the authority on April 12,
2012 (revised business
plan), the authority shall
submit the following
reports approved, as
consistent with the
criteria in this provision,
by the Secretary of
Business, Transportation
and Housing to the Senate
Committee on Transportation
and Housing, the Assembly
Committee on
Transportation, and the
Senate and Assembly
committees on budget:
(1) By October 1, 2012,
prior to awarding a
contract to
commence
construction of the
first construction
segment or
committing funds
for the contract,
and prior to
advertising
contracts to be
awarded for the
first construction
segment in
September 2013 and
October 2013, a
comprehensive staff
management report
that includes:
(i) An organizational
chart for the
authority, detailed
description of each
executive manager's
function and
responsibilities,
summary of staffing
changes in the
preceding year, a
strategy for
filling vacancies
and the recruitment
and staffing plans
for the 2012-13
fiscal year.
(ii) The management
approach, including
number, skill
level, position,
and hiring and
retention plan of
staff and outside
consultants
required to
adequately oversee
each of the planned
construction
contracts funded in
this act.
(iii) Proposed steps and
procedures that
will be employed to
ensure adequate
oversight and
management of
contractors
involved in the
construction
contracts funded in
this act.
(iv) Procedures to
detect and prevent
contract splitting.
(2) Prior to awarding a
contract to
commence
construction of the
first construction
segment, a report
certifying that the
amount awarded
under the contract
is within the
budgeted funding
and is consistent
with the completion
schedule deadlines
set by the federal
Department of
Transportation.
(b) Each of the reports
required pursuant to
subdivision (a) for the
contracts described in that
subdivision shall also be
required with respect to
the contract scheduled to
be awarded in March 2017.
The authority shall submit
the reports for those
contracts no later than 60
days prior to advertising
for bids on each contract.
7. Sixty days prior to awarding the
contracts scheduled to be awarded
in December 2012 to commence
construction of the first
construction segment of the
initial operating section, the
High-Speed Rail Authority shall
fill the positions of chief
executive officer, risk manager,
chief program manager, and chief
financial officer and report
those hiring to the Joint
Legislative Budget Committee.
8. Prior to awarding the contracts
scheduled to be awarded in
December 2012 to commence
construction of the first
construction segment of the
initial operating section, the
High-Speed Rail Authority shall
prepare and submit a report
approved, as consistent with the
criteria in this provision, by
the Secretary of Business,
Transportation and Housing to the
Senate Committee on
Transportation and Housing, the
Assembly Committee on
Transportation, and the Senate
and Assembly committees on budget
detailing elements of risk in the
high-speed rail project,
including all of the following:
(a) A comprehensive risk
management plan that
defines roles and
responsibilities for risk
management and addresses
the process by which the
authority will identify and
quantify project risks,
implement and track risk
response activities, and
monitor and control risks
throughout the duration of
each project.
(b) Quantification of the
effect of identified risks
in financial terms.
(c) Development documents to
track identified risks and
related mitigation steps.
(d) Plans for regularly
updating its estimates of
capital and support costs.
(e) Plans for regularly
reassessing its reserves
for potential claims and
unknown risks,
incorporating information
related to risks identified
and quantified through its
risk assessment processes.
(f) Plans for regularly
integrating estimates for
capital, support costs, and
contingency reserves in
required reports.
9. The High-Speed Rail Authority
shall, as part of its January 1,
2014, Business Plan, include: a
proposed approach for improving
(a) demand projections, (b)
operations and maintenance cost
models, and (c) benefit-cost
analysis as applied to future
project decisions. The authority
shall also submit a copy of the
study by the Union Internationale
des Chemins de Fer (the
international union of railways)
examining how the authority's
estimated operating costs for
high-speed rail compare to high-
speed rail systems in other
countries. These business plan
components approved, as
consistent with the criteria in
this provision, by the Secretary
of Business, Transportation and
Housing shall be based on
recommendations of the
authority's peer review panel,
advice from the domestic and
international rail community, and
external academic review.
10. On or before June 30, 2013, the
High-Speed Rail Authority shall
prepare and submit a report
approved, as consistent with the
criteria in this provision, by
the Secretary of Business,
Transportation and Housing that
provides an analysis of the net
impact of the high-speed rail
program on the state's greenhouse
gas emissions. The report shall
be submitted to the Senate
Committee on Transportation and
Housing, the Assembly Committee
on Transportation, and the Senate
and Assembly committees on budget.
11. Within 10 days of executing a
valid memorandum of understanding
(MOU) with regional
transportation agencies relative
to the Northern California
Unified Service, the High-Speed
Rail Authority shall make a copy
of the MOU available to the
Senate Committee on
Transportation and Housing, the
Assembly Committee on
Transportation, and the Senate
and Assembly committees on budget.
12. The safeguards and oversight
rules and processes of Sections
13332.11 or 13332.19 of the
Government Code, as appropriate,
shall apply to the High-Speed
Rail Authority.
13. The funds appropriated in this
item shall only be made available
for expenditure upon the
enactment of an appropriation of
$106,000,000 in Item 2660-304-
6043, an appropriation of
$713,333,000 in Item 2660-104-
6043 for ""Connectivity''
funding, and an appropriation of
$1,100,000,000 in Item 2665-104-
6043 for ""Bookend'' funding, as
articulated in the 2012 High-
Speed Rail Authority Final
Business Plan.
SEC. 10. This act is a Budget Bill within the
meaning of subdivision (e) of Section 12 of Article IV of the
California Constitution and shall take effect immediately. All
matter omitted in this version of the bill appears in the bill as
amended in the Senate, June 26, 2012. (JR11)