Today's Law As Amended


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AB-58 High-speed rail.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 185024 of the Public Utilities Code is amended to read:

185024.
 (a) The authority shall appoint an executive director, exempt from civil service, who shall serve at the pleasure of the authority, to administer the affairs of the authority as directed by the authority.
(b) For purposes of managing and administering the ongoing work of the authority in implementing the high-speed train project, the Governor, upon the recommendation of the executive director, may appoint up to six additional individuals, officers,  exempt from civil service, who shall serve at the pleasure of the executive director. Pursuant to this subdivision, the Governor may appoint persons only for the following positions:
(1) Chief program manager.
(2) Up to three regional directors. Regional director. 
(3) Chief financial officer.
(4) Director of risk management and project controls.
(c) The compensation of the executive director and the additional persons officers  authorized by subdivision (b) shall be established by the authority, and approved by the Department of Human Resources, Personnel Administration,  in an amount that is reasonably necessary, in the discretion of the authority, to attract and hold a person of superior qualifications. The authority shall cause to be conducted, through the use of independent outside advisers, a salary survey to determine the compensation for the positions under this subdivision. The Department of Human Resources Personnel Administration  may, in its discretion, accept a previously completed salary survey that meets the requirements of this subdivision, and shall review the methodology used in the survey. The salary survey shall consider both of the following:
(1) Other state, regional, and local transportation agencies that are most comparable to the authority and its responsibilities.
(2) Other relevant labor pools.
The compensation set by the authority shall not exceed the highest comparable compensation for a position of that type, as determined by the salary survey. Based on the salary survey, these positions shall be paid a salary established by the authority and approved by the Department of Human Resources. Personnel Administration. 
(d) The executive director may, as authorized by the authority, appoint necessary staff to carry out the provisions of this part.

SEC. 2.

 Section 185032.1 is added to the Public Utilities Code, to read:

185032.1.
 (a) Commencing March 1, 2012, and biannually thereafter, the authority shall 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 for the development and implementation of intercity high-speed rail service pursuant to Section 185030. Notwithstanding Section 10231.5 of the Government Code, the report shall be submitted biennially.
(b) 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:
(1) A summary describing the overall progress of the project.
(2) The baseline budget for all project phase costs, by segment or contract, beginning with the 2009 business plan.
(3) The current and projected budget, by segment or contract, for all project phase costs.
(4) Expenditures to date, by segment or contract, for all project phase costs.
(5) A comparison of the current and projected work schedule and the baseline schedule contained in the 2009 business plan.
(6) A summary of milestones achieved during the prior year and milestones expected to be reached in the coming year.
(7) Any issues identified during the prior year and actions taken to address those issues.
(8) A thorough discussion of various risks to the project and steps taken to mitigate those risks.

SEC. 3.

 Section 185035 of the Public Utilities Code is amended to read:

185035.
 (a) The authority shall establish an independent peer review group for the purpose of reviewing the planning, engineering, financing, and other elements of the authority’s plans and issuing an analysis of appropriateness and accuracy of the authority’s assumptions and an analysis of the viability of the authority’s financing plan, including the funding plan for each corridor required pursuant to subdivision (b) (c)  of Section 2704.08 of the Streets and Highways Code.
(b) The peer review group shall include all of the following:
(1) Two individuals with education and  experience in the planning and construction of large transportation systems, such as high-speed rail, or highway systems with similar characteristics,  construction or operation of high-speed trains in Europe, Asia, or both,  designated by the Treasurer.
(2) Two individuals, one with experience in engineering and construction of high-speed rail or similar large infrastructure projects  trains  and one with experience in project planning and  finance, designated by the Controller.
(3) One representative from a financial services or financial consulting firm who shall not have been a contractor or subcontractor of the authority for the previous three years, designated by the Director of Finance.
(4) One representative with experience in environmental planning, designated by the Secretary of Transportation. Business, Transportation and Housing. 
(5) Two individuals with experience providing or governing  expert representatives from agencies providing  intercity or commuter passenger train services in California, designated by the Secretary of Transportation. Business, Transportation and Housing. 
(c) (1) The initial designations to the peer review group described in subdivision (b) shall be made by January 1, 2012.
(2) The peer review group shall designate a chairperson.
(3) The authority shall designate a specific member of its staff to serve as a liaison to the peer review group.
(d) (1) Each member of the peer review group shall receive compensation of one hundred dollars ($100) for each day that the member is attending to the business of the peer review group, but shall not receive more than five hundred dollars ($500) in any calendar month.
(2) Members of the peer review group shall be reimbursed for their actual travel expenses incurred in attending to the business of the peer review group.
(c) (e)  The peer review group shall evaluate the authority’s funding plans and prepare its independent judgment as to the feasibility and reasonableness of the plans, appropriateness of assumptions, analyses, and estimates, and any other observations or evaluations it deems necessary.
(d) (f)  The authority shall provide the peer review group any and all information that the peer review group may request to carry out its responsibilities.
(e) (g)  The peer review group shall report its findings and conclusions to the Legislature no later than 60 days after receiving the plans.
SEC. 4.
  This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that California may secure the maximum amount of funds available for high-speed rail development and to provide for necessary staff in that regard as quickly as possible, it is necessary that this act take effect immediately.