BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 842
                                                                  Page  1

          Date of Hearing:   April 8, 2013

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                AB 842 (Donnelly) - As Introduced:  February 21, 2013
           
          SUBJECT  :  High-speed rail: funding

           SUMMARY  :  Prohibits the expenditure of state and federal funds  
          for high-speed rail in California.  Specifically,  this bill  :  

          1)Makes findings and declarations that spending state and  
            federal funds on highway and bridge improvements and repair  
            projects should take priority over spending those funds on  
            California's high-speed rail project.  

          2)Prohibits state agencies, including the High Speed Rail  
            Authority (Authority), from spending state and federal funds  
            on the construction of California's high-speed rail project  
            except as necessary to meet contractual commitments entered  
            into before January 1, 2014.  

           EXISTING LAW  :  

          1)Establishes and provides the Authority with the responsibility  
            to develop and implement a high-speed rail system in  
            California.  

          2)Authorizes the sale of $9 billion in general obligation bonds  
            to partially fund the development and construction of  
            California's high-speed rail system.  

          3)Authorizes the expenditure of an additional $950 million in  
            general obligation bonds for capital projects on other  
            passenger rail lines to provide connectivity to the high-speed  
            rail system as well as for capacity enhancements and safety  
            improvements to those lines.  

          4)Authorizes the Legislature to establish conditions and  
            criteria on the use of high-speed rail bond funds appropriated  
            for planning and capital costs.  

          5)Requires the Authority to complete and submit to the  
            Legislature funding plans and financial analyses prior to  
            requesting an appropriation of bond funds for eligible capital  








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            costs and prior to committing bond proceeds for expenditure  
            for construction and real property and equipment acquisition.   


          6)Provides explicit authority for the Legislature to reduce the  
            amount of indebtedness authorized by a bond act to an amount  
            not less than the amount contracted at the time of the  
            reduction.  

           FISCAL EFFECT  :  Unknown

           COMMENTS :  In 2008, voters approved Proposition 1A, the Safe,  
          Reliable, High-speed Passenger Train Bond Act, a $9.95 billion  
          general obligation bond to fund the proposed California  
          high-speed rail project and related improvements.  The state  
          subsequently received a total of $3.5 billion in federal grants  
          for planning, engineering, and constructing up to 130 miles of  
          dedicated and fully grade-separated high-speed rail line in the  
          Central Valley.  Of this total amount, $2.6 billion was made  
          available in the 2009 federal American Recovery and Reinvestment  
          Act (ARRA).  ARRA, which was intended to provide economic  
          stimulus, required that $2.6 billion be spent prior to September  
          2017.  In addition, $1.1 billion in unidentified funds and  
          in-kind resources from local governments have been secured for  
          the project.  As part of California's 2012-13 budget, the  
          Legislature appropriated to the Authority $7.2 billion, which  
          included $3.9 billion of Proposition 1A bond funds and $3.3  
          billion of federal funds.  

          The Authority received final approval of the environmental  
          documentation for the segment between Merced and Fresno in  
          September 2012, and is about to begin right-of-way (ROW)  
          acquisition for the segment between Fresno and Madera.  The  
          Authority expects to receive final environmental document  
          approval for the Fresno to Bakersfield segment in the fall of  
          2013 and subsequently they will begin obtaining needed ROW for  
          that segment.  

          By introducing this bill, the author intends to highlight his  
          belief that money being spent on high-speed rail should instead  
          go to fund other important infrastructure projects.  To  
          highlight this point, the author makes reference to the  
          California Transportation Commission's recently released report  
          predicting that basic infrastructure maintenance in California  
          will fall 60% below what is needed over the next ten years.  








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          The author also contends that with estimated costs of the  
          high-speed rail project ballooning far beyond the original cost  
          estimates, the project has become a massive waste of taxpayer  
          money and is coming at a time when California cannot afford to  
          fund its current infrastructure needs let alone a non-essential  
          high-speed rail is project.  It is the author's contention that  
          continuing to fund high speed rail beyond contractual  
          commitments entered into before January 1, 2014, would be  
          irresponsible and should not be considered.  

           Related legislation  :  AB 1455 (Harkey) of 2012, would have  
          reduced the amount of authorized indebtedness for the Authority  
          to the amount contracted as of January 1, 2013; excluded from  
          these provisions indebtedness authorized for other rail  
          purposes.  That bill failed passage in the Assembly  
          Transportation Committee.  

          SB 22 (LaMalfa) of 2012, would have reduced the amount of  
          indebtedness authorized by Proposition 1A to the amount  
          contracted as of January 1, 2012.  That bill failed passage in  
          the Senate Transportation and Housing Committee.  

          AB 76 (Harkey) of 2011, would have reduced the amount of  
          authorized indebtedness for the Authority to the amount  
          contracted as of January 1, 2012.  That bill failed passage in  
          the Assembly Transportation Committee.  

          AB 2121 (Harkey) of 2010, would have reduced the amount of  
          general obligation debt authorized pursuant to Proposition 1A to  
          the amount contracted by the Authority.  That bill was amended  
          in the Assembly Transportation Committee to require the  
          Authority to annually submit a six-year funding program and a  
          project progress report to the appropriate policy and bridge  
          committees of the Legislature.  AB 2121 died in the Senate Rules  
          Committee.  
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           








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          Association for California High Speed Trans (ACHST)
          Teamsters
           

          Analysis Prepared by  :   Victoria Alvarez / TRANS. / (916) 319-  
          2093