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AB-2307 High-Speed Rail Authority: Senate confirmation.(2017-2018)

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Date Published: 03/16/2018 04:00 AM
AB2307:v98#DOCUMENT

Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2307


Introduced by Assembly Member Frazier

February 13, 2018


An act to amend Section 185035 185020 of the Public Utilities Code, relating to high-speed rail.


LEGISLATIVE COUNSEL'S DIGEST


AB 2307, as amended, Frazier. High-speed rail. High-Speed Rail Authority: Senate confirmation.
Existing law creates the High-Speed Rail Authority with specified powers and duties relative to development and implementation of a high-speed train system. The authority is composed of 11 members, including 5 voting members appointed by the Governor, 4 voting members appointed by the Legislature, and 2 nonvoting legislative members.
This bill would provide that the members of the authority appointed by the Governor are subject to appointment with the advice and consent of the Senate.

Existing law, the California High-Speed Rail Act, creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties. Existing law requires the authority to 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 the appropriateness and accuracy of the authority’s assumptions and an analysis of the viability of the authority’s funding plan for each corridor.

This bill would correct an inaccurate cross-reference and make a nonsubstantive change in these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 185020 of the Public Utilities Code is amended to read:

185020.
 (a) There is in the Transportation Agency a High-Speed Rail Authority.
(b) (1) The authority is composed of 11 members as follows:
(A) Five members appointed by the Governor. Governor, with the advice and consent of the Senate.
(B) Two members appointed by the Senate Committee on Rules.
(C) Two members appointed by the Speaker of the Assembly.
(D) One Member of the Senate appointed by the Senate Committee on Rules and one Member of the Assembly appointed by the Speaker of the Assembly shall be ex officio members without vote and shall participate in the activities of the authority to the extent that participation is not incompatible with their positions as Members of the Legislature.
(2) For the purposes of making appointments to the authority pursuant to subparagraphs (A), (B), and (C) of paragraph (1), the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall take into consideration geographical diversity to ensure that all regions of the state are adequately represented.
(c) Except as provided in subdivision (d), and until their successors are appointed, members of the authority, other than ex officio members, shall hold office for terms of four years. A vacancy shall be filled by the appointing power making the original appointment, by appointing a member to serve the remainder of the term.
(d) (1) On and after January 1, 2001, the terms of all persons who are then members of the authority shall expire, but those members may continue to serve until they are reappointed or until their successors are appointed. In order to provide for evenly staggered terms, persons appointed or reappointed to the authority after January 1, 2001, shall be appointed to initial terms to expire as follows:
(A) Of the five persons appointed by the Governor, one shall be appointed to a term that expires on December 31, 2002, one shall be appointed to a term that expires on December 31, 2003, one shall be appointed to a term that expires on December 31, 2004, and two shall be appointed to terms that expire on December 31, 2005.
(B) Of the two persons appointed by the Senate Committee on Rules, one shall be appointed to a term that expires on December 31, 2002, and one shall be appointed to a term that expires on December 31, 2004.
(C) Of the two persons appointed by the Speaker of the Assembly, one shall be appointed to a term that expires on December 31, 2003, and one shall be appointed to a term that expires on December 31, 2005.
(2) Following expiration of each of the initial terms provided for in this subdivision, the term shall expire every four years thereafter on December 31.
(e) Members of the authority are subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).
(f) From among its voting members, the authority shall elect a chairperson, who shall preside at all meetings of the authority, and a vice chairperson to preside in the absence of the chairperson. The chairperson shall serve a term of one year.
(g) Five voting members of the authority constitute a quorum for taking any action by the authority.

SECTION 1.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 the 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 (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, designated by the Treasurer.

(2)Two individuals, one with experience in engineering and construction of high-speed rail or similar large infrastructure projects 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.

(5)Two individuals with experience providing or governing intercity or commuter passenger train services in California, designated by the Secretary of Transportation.

(c)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)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)The peer review group shall report its findings and conclusions to the Legislature no later than 60 days after receiving the plans.