California Assembly Bill AB153 Introduced / Bill

 BILL NUMBER: AB 153INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Ma JANUARY 23, 2009 An act to amend Section 1245.210 of the Code of Civil Procedure, to amend Sections 15853 and 15855 of the Government Code, and to amend Sections 185032 and 185036 of, and to add Section 185026 to, the Public Utilities Code, relating to high-speed rail. LEGISLATIVE COUNSEL'S DIGEST AB 153, as introduced, Ma. High-Speed Rail Authority. (1) Existing law creates the High-Speed Rail Authority with specified powers and duties relating to the development and implementation of an intercity high-speed rail system. Existing law authorizes the authority to prepare a plan for the construction and operation of that system and to enter into contracts, acquire rights-of-way through purchase or eminent domain, and take other actions, subject to specified contingencies. Under existing law, a public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets certain requirements. Existing law generally prohibits a state agency from employing legal counsel other than the Attorney General unless there is a specific statute authorizing that employment. This bill would eliminate those contingencies to the exercise of the authority's authority and would specify that the authority constitutes a "governing body" for the purpose of adopting a resolution of necessity. The bill would authorize the authority to employ its own legal staff or contract with other state agencies for legal services, or both. (2) Existing law requires that all real property and interests in real property to be acquired by or for any state agency, with specified exceptions, be acquired by the State Public Works Board. This bill would exclude the High-Speed Rail Authority with respect to property acquired for the construction of a high-speed rail system from the above requirement. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1245.210 of the Code of Civil Procedure is amended to read: 1245.210. As used in this article, "governing body" means: (a) In the case of a taking by a local public entity, the legislative body of the local public entity. (b) In the case of a taking by the Sacramento and San Joaquin Drainage District, the State Reclamation Board. (c) In the case of a taking by the State Public Works Board pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), the State Public Works Board. (d) In the case of a taking by the Department of Fish and Game pursuant to Section 1348 of the Fish and Game Code, the Wildlife Conservation Board. (e) In the case of a taking by the Department of Transportation (other than a taking pursuant to Section 21633 of the Public Utilities Code or Section 30100 of the Streets and Highways Code), the California Transportation Commission. (f) In the case of a taking by the Department of Transportation pursuant to Section 21633 of the Public Utilities Code, the California Transportation Commission. (g) In the case of a taking by the Department of Transportation pursuant to Section 30100 of the Streets and Highways Code, the California Transportation Commission. (h) In the case of a taking by the Department of Water Resources, the California Water Commission. (i) In the case of a taking by the University of California, the Regents of the University of California. (j) In the case of a taking by the State Lands Commission, the State Lands Commission. (k) In the case of a taking by Hastings College of Law, the board of directors of that college.  (l) In the case of a taking by the High-Speed Rail Authority pursuant to Section 185036 of the Public Utilities Code, the High-Speed Rail Authority as established in Section 185020 of the Public Utilities Code.  SEC. 2. Section 15853 of the Government Code is amended to read: 15853. (a) The board may select and acquire, in the name of and on behalf of the state, with the consent of the state agency concerned, the fee or any lesser right or interest in any real property necessary for any state purpose or function. (b) If moneys are appropriated by the Budget Act for any fiscal year or by any other act for the acquisition of land or other real property, either (1) subject to this part or (2) for any state agency for whom property is acquired by the board, the moneys and acquisitions are subject to this part and the moneys shall be expended in accordance with this part, notwithstanding any other provisions of law. (c) Notwithstanding any other provisions of law, all land and other real property to be acquired by or for any state agency, other than the Department of Transportation, the Department of Water Resources, the State Reclamation Board, the Department of Fish and Game, the Wildlife Conservation Board, the Public Employees' Retirement System, the State Teachers' Retirement System, the Department of Housing and Community Development,  the High-   Speed Rail Authority,  the State Lands Commission, except for property to be acquired for the State Lands Commission pursuant to an appropriation from the General Fund, and the State Coastal Conservancy with respect to acceptance of offers to dedicate public accessways made pursuant to Division 20 (commencing with Section 30000) of the Public Resources Code, shall be acquired by the State Public Works Board in accordance with this part. (d) (1) Notwithstanding subdivision (a), the board shall acquire, on behalf of and for the Department of Parks and Recreation, in accordance with this part, any interests in real property, including options to purchase, which have been appraised, selected, and settled through purchase negotiations by the Department of Parks and Recreation pursuant to subdivision (b) of Section 5006 of the Public Resources Code. Out of moneys appropriated for the acquisition of options to purchase, no more than ten thousand dollars ($10,000) may be expended for the acquisition of any single option unless otherwise provided by the Legislature. (2) Notwithstanding Section 15854, purchase negotiations for interests in real property for the state park system pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within six months of the effective date of the act that appropriates funds for the acquisition. Purchase negotiations on all projects not proposed pursuant to subdivision (d) of Section 5006 of the Public Resources Code shall be initiated within 12 months of the effective date of the act appropriating funds for the acquisition. Either title shall be conveyed or a written agreement to transfer title shall be executed within the appropriate authorization period unless the Department of Parks and Recreation formally abandons the acquisition prior to the conclusion of the appropriate authorization period. For the purposes of this section, in order for the Department of Parks and Recreation to "formally abandon" an acquisition, it shall transmit written notification to the board of its intent not to proceed with the acquisition. (3) The board, at any time during the periods specified in paragraph (2), may commence condemnation proceedings if it finds it to be appropriate. However, if, during the appropriate authorization period, title is not conveyed or a written agreement to transfer title is not signed, the acquisition has not been formally abandoned, or condemnation proceedings have not been commenced, the Department of Parks and Recreation shall notify, by letter, the chair of the committee in each house of the Legislature that considers appropriations, the Chair of the Joint Legislative Budget Committee, and the Members of the Legislature within whose district any part of the land or other real property is located of the status of the acquisition. For the purpose of this paragraph, condemnation proceedings shall be deemed to be commenced as of the date the board authorizes acquisition by condemnation. (4) The board may schedule special meetings as are necessary to expedite the acquisition of options to purchase real property for the state park system. (e) The board may acquire furnishings that the owner thereof agrees to sell and that are contained within improvements acquired by the board. Cost of acquisition of furnishings shall be charged to the appropriation available for acquisition of the real property. SEC. 3. Section 15855 of the Government Code is amended to read: 15855. (a) Notwithstanding any other provision of law, except as provided in subdivision (b), the State Public Works Board is the only state agency that may exercise the power of eminent domain to acquire property needed by any state agency for any state purpose or function. (b) Subdivision (a) does not affect or limit the right of the Department of Transportation, Department of Water Resources, State Lands Commission, State Reclamation Board, Hastings College of the Law,  or  the Regents of the University of California  , or the High-Speed Rail Authority  to exercise the power of eminent domain. Subdivision (a) does not affect or limit the exercise of the power of eminent domain by the Department of Fish and Game pursuant to Section 1348 of the Fish and Game Code. SEC. 4. Section 185026 is added to the Public Utilities Code, to read: 185026. The authority may employ its own legal staff or contract with other state agencies for legal services, or both. SEC. 5. Section 185032 of the Public Utilities Code is amended to read: 185032. (a)  (1)     Upon an appropriation in the Budget Act for that purpose, the   The  authority shall prepare a plan for the construction and operation of a high-speed train network for the state, consistent with and continuing the work of the Intercity High-Speed Rail Commission conducted prior to January 1, 1997. The plan shall include an appropriate network of conventional intercity passenger rail service and shall be coordinated with existing and planned commuter and urban rail systems.  (2)   (b)  The authorization and responsibility for planning, construction, and operation of high-speed passenger train service at speeds exceeding 125 miles per hour in this state is exclusively granted to the authority.  (3)   (c)  Except as provided in  paragraph (2)   subdivision (b)  , nothing in this  subdivision   section  precludes other local, regional, or state agencies from exercising powers provided by law with regard to planning or operating, or both, passenger rail service.  (b) The plan, upon completion, shall be submitted to the Legislature and the Governor for approval by the enactment of a statute.  SEC. 6. Section 185036 of the Public Utilities Code is amended to read: 185036.  Upon approval by the Legislature, by the enactment of a statute, or approval by the voters of a financial plan providing the necessary funding for the construction of a high-speed network, the   The  authority may do any of the following: (a) Enter into contracts with private or public entities for the design,  financing,  construction  and   ,  operation  , and maintenance  of high-speed trains. The contracts may be separated into individual tasks or segments or may include all tasks and segments, including  , for example,  a design-build or  design-build-operate   design-finance-build-operate-maintenance  contract. (b) Acquire rights-of-way through purchase or eminent domain. (c) Issue debt, secured by pledges of state funds, federal grants, or project revenues. The pledge of state funds shall be limited to those funds expressly authorized by statute or voter-approved initiatives. (d) Enter into cooperative or joint development agreements with local governments or private entities. (e)  Set   Provide for the setting of  fares and schedules. (f) Relocate highways and utilities.