BILL NUMBER: SB 965 INTRODUCED BILL TEXT INTRODUCED BY Senator DeSaulnier (Coauthors: Senators Correa, Ducheny, Leno, Lowenthal, and Oropeza) FEBRUARY 5, 2010 An act to add Section 185036.5 to the Public Utilities Code, relating to transportation, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 965, as introduced, DeSaulnier. High-speed rail. Existing law, the California High-Speed Train Act, creates the High-Speed Rail Authority to develop and implement a high-speed train system in the state, with specified powers and duties. Existing law, the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters as Proposition 1A at the November 4, 2008, general election, provides for the issuance of $9.95 billion in general obligation bonds for high-speed rail and related purposes. This bill would authorize the authority to receive and expend any federal funds awarded to the authority for the purposes of developing a project or projects along the high-speed rail network, thereby making an appropriation. The bill would require the authority to take various actions in that regard. The bill would also require the authority to submit to the Legislature an expenditure plan for the federal funds within 30 days of enactment of this act and to submit a progress report on expenditure of the funds to the Legislature within 180 days of the award of those funds and annually thereafter. The bill would make legislative findings and declarations relative to the award of federal funds to the state under the federal American Recovery and Reinvestment Act (ARRA) for high-speed rail purposes. Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) With the enactment of the federal American Recovery and Reinvestment Act (Public Law 111-5, ARRA) on February 17, 2009, the federal government made available a grant program in which states may apply for $8 billion in federal funds for the development of high-speed rail throughout the nation. (b) On October 2, 2009, the California High Speed Rail Authority (HSRA) submitted to the Federal Railroad Administration (FRA) an application for $4.73 billion in federal funds to further the development of high-speed rail in California. (c) The HSRA's application for funds proposes to expend federal ARRA grants awarded to the authority to make improvements to four distinct rail corridors in California, which include: (1) San Francisco to San Jose. (2) Merced to Fresno. (3) Fresno to Bakersfield. (4) Los Angeles to Anaheim. (d) On January 28, 2010, the United States Department of Transportation awarded the HSRA $2.25 billion to advance the development of a high-speed rail system in this state. (e) The HSRA has estimated that it intends to match the awarded federal funds with state bond funds made available with the passage of Proposition 1A in November 2008, the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century (Chapter 20 (commencing with Section 2704) of Division 3 of the Streets and Highways Code). The total investment to improve the identified rail corridors could be as much as $4.5 billion in combined federal and state funds. (f) The HSRA estimates that 60,277 jobs will be created or maintained by the investment of these funds in the dozens of construction projects along the eligible corridors throughout California. (g) It is necessary to provide the HSRA with unambiguous statutory authority to receive and expend federal funds awarded to the HSRA for the purposes described in its application of October 2, 2009. (h) Moreover, it is in the state's interest to obligate and expend awarded funds as expeditiously as possible and in a manner consistent with the voters' expectation when they passed the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century in order to expand job creation and to complete vital infrastructure improvements as soon as possible. SEC. 2. Section 185036.5 is added to the Public Utilities Code, to read: 185036.5. (a) The authority may receive and expend any federal funds awarded to it for the purposes of developing a project or projects along the high-speed rail network. (b) The authority shall take those actions necessary to ensure any federal funds awarded to it are obligated and expended in a manner that (1) meets all applicable federal deadlines for funding obligation and expenditure, (2) maximizes job creation in California at the earliest feasible time, (3) expedites the completion of vital infrastructure projects that improve rail safety, mobility, and performance, (4) makes the most efficient use of available state bond funds, including replacing bond funds for project expenditure with available federal funds where feasible, and (5) is consistent with current state law. (c) With respect to the award of federal funds for the development of the high-speed rail network in California, the authority shall, within 30 days of enactment of the act adding this section, submit to the Legislature a plan for the expenditure of those funds. The plan shall include an itemization of the projects proposed for funding, the location of those projects, the amount of federal and state funds, including state bond funds, proposed to be committed to each project, the proposed completion date of each project, and the number of jobs each project is estimated to create or maintain in California. (d) Within 180 days of receiving an award of federal funds for the development of the high-speed rail network in California, and annually thereafter, the authority shall submit a progress report to the legislative fiscal committees and the policy committees having jurisdiction over transportation matters describing the progress it is making in obligating and expending available federal funds and in completing the projects identified for funding pursuant to the plan described in subdivision (c).