SB 1307: High-Speed Rail Authority: property acquisition: capital outlays: public contracts: county assessor’s records.

(1)Existing law creates the High-Speed Rail Authority with specified powers and duties relative to development and implementation of a high-speed train system, including acquisition of rights-of-way through purchase and eminent domain. Existing law, pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century, approved by the voters at the November 4, 2008, general election, provides for the issuance of $9.95 billion in bonds for high-speed rail train capital projects and other associated purposes.

The California Constitution permits the taking of private property for public use only when just compensation is paid. The Eminent Domain Law prescribes the procedures for the exercise of that constitutionally authorized power. Under that law, a public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity that meets specified requirements. Existing law defines governing body for these purposes with respect to various state and local public entities.

This bill would specify that the State Public Works Board is the governing body for these purposes in the case of a taking by the High-Speed Rail Authority.

(2)Existing law generally requires the approval of the Director of Finance before the state may accept a gift or dedication of personal or real property and the approval of the Director of General Services before a state agency may acquire, hire, dispose, or let real property in fee or in a lesser interest. Existing law specifies that those provisions do not apply in certain circumstances, including the acquisition or hiring of real property by the Department of Transportation. Existing law requires the Department of General Services to inventory state-owned property, other than property owned by the Department of Transportation, among other agencies.

This bill would enact similar exceptions relative to property obtained for high-speed rail purposes by the High-Speed Rail Authority. The bill would make various additional conforming changes.

(3)Existing law, except as specified, prohibits the expenditure of funds for capital outlay by any state agency until the Department of Finance and the State Public Works Board have approved preliminary plans for the project to be funded from a capital outlay appropriation. Existing law authorizes the State Public Works Board to augment a major project of up to 20% of the total capital outlay appropriations for the project, as provided, but also authorizes the Department of Finance to change the administratively or legislatively approved scope for major capital outlay projects. Under existing law, these provisions do not limit or control the Department of Transportation or the California Exposition and State Fair in the expenditure of all funds appropriated to those entities for capital outlay purposes.

This bill would additionally state that these provisions do not limit or control the High-Speed Rail Authority in the expenditure of all funds appropriated to the authority for capital outlay purposes.

(4)Existing law requires that any acquisition of land or other real property authorized in any appropriation be subject to the Property Acquisition Law, except for an appropriation from the California Water Fund or an appropriation to the Department of Transportation for capital outlay purposes.

This bill would additionally exempt from this requirement an appropriation to the High-Speed Rail Authority for capital outlay purposes.

(5)The Property Acquisition Law requires that all land and other real property to be acquired by or for any state agency to be acquired by the State Public Works Board in accordance with that law, except for land and other real property to be acquired by or for specified agencies. That law specifies that, with certain exceptions, 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.

This bill would exempt land and other real property acquired by or for, and the exercise of the power of eminent domain by, the High-Speed Rail Authority from these provisions.

(6)Under the State Contract Act, projects that are not under the jurisdiction of specified departments are under the charge and control of the Department of General Services.

This bill would add the High-Speed Rail Authority as an agency whose projects are not under the charge and control of the Department of General Services.

(7)Existing property tax law requires a county assessor to disclose information, furnish abstracts, or permit access to all records in his or her office to specified state and local public entities. Whenever the assessor discloses information, furnishes abstracts, or permits access to records in his or her office to staff appraisers of specified state agencies, existing property tax law requires those agencies to reimburse the assessor for any cost incurred.

This bill would additionally require the county assessor to disclose information, furnish abstracts, or permit access to records in his or her office to the High-Speed Rail Authority and require the authority to reimburse the assessor for costs.

By adding to the duties of county assessors, this bill would impose a state-mandated local program.

(8)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.