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AB-1235 High-speed rail: legislative oversight.(2021-2022)



Current Version: 02/19/21 - Introduced Compare Versions information image


AB1235:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1235


Introduced by Assembly Member Patterson

February 19, 2021


An act to add Article 7.7 (commencing with Section 9147.20) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, and to add Section 185031 to the Public Utilities Code, relating to high-speed rail.


LEGISLATIVE COUNSEL'S DIGEST


AB 1235, as introduced, Patterson. High-speed rail: legislative oversight.
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, on or before March 1, 2017, and every 2 years thereafter, to provide a project update report, approved by the Secretary of Transportation as consistent with specified criteria, 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, as provided.
This bill would create the Joint Legislative High-Speed Rail Oversight Committee consisting of 3 Members of the Senate and 3 Members of the Assembly to provide ongoing and independent oversight of the high-speed rail project by performing specified duties, and would require the committee to make recommendations to the appropriate standing policy and budget committees of both houses of the Legislature to guide decisions concerning the state’s programs, policies, and investments related to high-speed rail. The bill would require the authority to provide the committee with certain documents and information within prescribed timelines, and would require the authority to permit the chairperson of the committee, or the chairperson’s designee, to attend meetings of any internal governance committees related to project oversight, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 It is the intent of the Legislature that any item in the Budget Act of 2021 containing an appropriation for capital outlay to the High-Speed Rail Authority, payable from the High-Speed Passenger Train Bond Fund, shall become operative only if this bill is enacted and becomes effective.

SEC. 2.

 Article 7.7 (commencing with Section 9147.20) is added to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, to read:
Article  7.7. Joint Legislative High-Speed Rail Oversight Committee

9147.20.
 (a) The Joint Legislative High-Speed Rail Oversight Committee is hereby created to provide ongoing and independent oversight of the high-speed rail project. The committee shall have the following duties related to project delivery:
(1) Independently and continually assess the reliability of cost, schedule, and revenue estimates.
(2) Ensure that all risks are identified, disclosed, and actively managed.
(3) Investigate and take action to address activities that are economically wasteful, or that involve gross misconduct, incompetence, or inefficiency.
(b) The committee shall make recommendations to the appropriate standing policy and budget committees of both houses of the Legislature to guide decisions concerning the state’s programs, policies, and investments related to high-speed rail. The committee has a continuing existence and may meet, act, and conduct its business at any place within this state, during the sessions of the Legislature or any recess thereof, and in the interim period between sessions.
(c) The committee shall consist of three Members of the Senate and three Members of the Assembly who shall be selected in the manner provided for in the Joint Rules of the Senate and Assembly. The committee shall elect its own chairperson. Vacancies occurring in the membership of the committee between general sessions of the Legislature shall be filled in the manner provided for in the Joint Rules of the Senate and Assembly. A vacancy shall be deemed to exist as to any member of the committee whose term is expiring whenever that member is not reelected at the general election.
(d) The committee may make rules governing its own proceedings and create subcommittees from its membership and assign to such subcommittees any study, inquiry, investigation, or hearing which the committee itself has authority to undertake or hold. Rule 36 of the Joint Rules of the Senate and Assembly relating to investigating committees applies to the committee and it shall have those powers, duties, and responsibilities as the Joint Rules of the Senate and Assembly shall from time to time prescribe, and all the powers conferred upon committees by Section 11 of Article IV of the California Constitution.
(e) In accordance with the Joint Rules of the Senate and Assembly, the committee may summon and subpoena witnesses, require the production of papers, books, accounts, reports, documents, records, and papers of every kind and description, issue subpoenas, and take all necessary means to compel the attendance of witnesses and to procure testimony, both oral and documentary.
(f) The High-Speed Rail Authority and any entity contracting with the authority shall give and furnish to the committee upon request information, records, and documents as the committee deems necessary and proper to achieve its purposes.

SEC. 3.

 Section 185031 is added to the Public Utilities Code, to read:

185031.
 (a) The authority shall provide any documents not specified in this section to the Chairperson of the Joint Legislative High-Speed Rail Oversight Committee within seven calendar days of a written request.
(b) The authority shall forward to the Joint Legislative High-Speed Rail Oversight Committee electronic copies of all of the following documents within 72 hours of the document being received, sent, or executed:
(1) All formal written correspondence between the authority and a design-build construction contractor, or between either entity and a project and construction management contractor.
(2) Any directive letter issued by the authority to a design-build construction contractor.
(3) Any change notice, change order proposal, or task order proposal received by the authority from a design-build construction contractor in excess of one million dollars ($1,000,000).
(4) Monthly status reports submitted by a design-build construction contractor to the authority.
(5) Any new change orders in excess of twenty-five million dollars ($25,000,000) executed on a design-build construction contract, and all supporting documents.
(6) Any time impact analysis submitted by a design-build contractor for delays in excess of two months, any time impact analysis settlement reached between the authority and a design-build contractor for delays in excess of two months, and any analysis performed on the impact of delays on other related contracts.
(7) Any nonconformance reports, field change notices, and design variances.
(8) Any formal written correspondence between the authority and the Federal Railroad Administration.
(c) The authority shall provide the Joint Legislative High-Speed Rail Oversight Committee with all of the following on a monthly basis:
(1) An updated estimate of completion for each construction contract, accompanied by a complete log containing descriptions of change notices, change order proposals, directive letters, and pending change orders. The log shall include an estimated range of risk exposure for each item.
(2) A log of merit determinations for change notices.
(3) Progress reports on each Type 1 and Type 2 structure, including a current forecast of cost and schedule compared to original estimates.
(4) An updated right-of-way acquisition plan, and the estimated change in risk exposure from the prior month due to any delays in right-of-way acquisition.
(5) An updated plan for relocation of utilities, and the estimated change in risk exposure from the prior month due to any delays in utility relocation.
(6) An update on design progress, and the estimated change in risk exposure from the prior month due to any delays in approval of design packages.
(7) An updated plan for delivery of civil works to the track and systems contractor, and the estimated change in risk exposure from the prior month due to any delays in delivering completed civil work.
(8) An updated log of nonconformance reports and explanation of ongoing repairs.
(d) The authority shall provide the Joint Legislative High-Speed Rail Oversight Committee on a quarterly basis with copies of any dashboard progress reports prepared for the independent peer review group established pursuant to Section 185035.
(e) The authority shall, no later than September 1 of each fiscal year, provide the Joint Legislative High-Speed Rail Oversight Committee with a complete and unabridged copy of the authority’s capital outlay budget and all supporting documents.
(f) The authority shall permit the Chairperson of the Joint Legislative High-Speed Rail Oversight Committee, or the chairperson’s designee, to attend meetings of any internal governance committees related to project oversight, including the Program Delivery Committee, Business Oversight Committee, and Risk Committee. The authority shall provide the chairperson, or the chairperson’s designee, with copies of all documents discussed in these meetings.
(g) All records provided to the Joint Legislative High-Speed Rail Oversight Committee pursuant to this section are not subject to disclosure pursuant to subdivision (a), (h), (i), (j), or (k) of Section 9075 of the Government Code. The Legislature finds and declares that this subdivision does not constitute a change in, but is declarative of, existing law.