BILL NUMBER: AB 952 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 16, 2011
AMENDED IN SENATE JULY 5, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Jones
(Coauthor: Assembly Member Gordon)
FEBRUARY 18, 2011
An act to amend Section 185034 of, and to add Section 185025 to,
the Public Utilities Code, relating to high-speed rail.
LEGISLATIVE COUNSEL'S DIGEST
AB 952, as amended, Jones. High-speed rail.
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 9 members,
including 5 members appointed by the Governor. Members of the
authority are subject to the Political Reform Act of 1974.
This bill would prohibit a member, employee, or consultant of the
authority from being the recipient of any gift, as defined, in a
specified provision of the act. The bill would prohibit a
construction company, engineering firm, consultant, legal firm, or
any other company, vendor, or business entity with a contract or
seeking a contract with the authority, or subcontractor of any of the
foregoing, or owner, employee, or any member of their immediate
families of any of these companies, firms, vendors, entities, or
subcontractors, from making any gift to a member, employee, or
consultant of the authority, or to any member of their immediate
families. The bill would authorize the authority itself to receive
gifts, and to transfer those gifts as specified, with the written
approval of the Department of Finance.
This bill, with certain exceptions, would prohibit a member,
employee, or consultant of the authority from appearing before the
authority on behalf of, or in any way representing before the
authority, any individual or private or public entity for 3 years
after termination of the employment or contract relationship with the
authority.
The bill would provide that these provisions shall become
operative under a different section of the Public Utilities Code if
AB 145 and this bill both are enacted and become effective on or
before January 1, 2012, and AB 145 repeals and adds Division 19.5
(commencing with Section 18500) of that code.
Existing law provides that the authority may accept grants, fees,
and allocations from various sources, including the state, the
federal government, foreign governments, and private sources.
This bill would delete the reference to foreign governments.
The bill would provide that this provision shall not become
operative if AB 145 is enacted and becomes effective on or before
January 1, 2012, as specified.
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 185025 is added to the Public Utilities Code,
to read:
185025. (a) No member, employee, or consultant of the authority
shall be the recipient of any gift, as defined in Section 82028 of
the Government Code. No construction company, engineering firm,
consultant, legal firm, or any other company, vendor, or business
entity with a contract or seeking a contract with the authority, or
subcontractor of any of the foregoing, or owner, employee, or any
member of their immediate families of any of these companies, firms,
vendors, entities, or subcontractors, shall make any gift to a
member, employee, or consultant of the authority, or to any member of
their immediate families. The authority itself may receive gifts,
subject to written approval of the Department of Finance. The
authority may transfer the gifts it receives to any person subject to
this section only with the written approval of the Department of
Finance.
(b) A member, employee, or consultant of the authority shall not,
for compensation, appear before the authority on behalf of, or in any
way represent before the authority, any individual or private or
public entity for a period of three years after termination of the
person's relationship with the authority. This prohibition shall not
apply to a state employee or officer, or an elected local official,
who appears before the authority in his or her official capacity on
behalf of the public entity that the employee, officer, or official
represents.
(c) The provisions of this section shall be enforced by the
Attorney General, district attorney, or city attorney with
jurisdiction, pursuant to the rules and penalties set forth in the
Political Reform Act of 1974 (Title 9 (commencing with Section 81000)
of the Government Code).
SEC. 1.5. Section 185115 is added to the
Public Utilities Code , to read:
185115. (a) No member, employee, or consultant of the authority
shall be the recipient of any gift, as defined in Section 82028 of
the Government Code. No construction company, engineering firm,
consultant, legal firm, or any other company, vendor, or business
entity with a contract or seeking a contract with the authority, or
subcontractor of any of the foregoing, or owner, employee, or any
member of their immediate families of any of these companies, firms,
vendors, entities, or subcontractors, shall make any gift to a
member, employee, or consultant of the authority, or to any member of
their immediate families. The authority itself may receive gifts,
subject to written approval of the Department of Finance. The
authority may transfer the gifts it receives to any person subject to
this section only with the written approval of the Department of
Finance.
(b) A member, employee, or consultant of the authority shall not,
for compensation, appear before the authority on behalf of, or in any
way represent before the authority, any individual or private or
public entity for a period of three years after termination of the
person's relationship with the authority. This prohibition shall not
apply to a state employee or officer, or an elected local official,
who appears before the authority in his or her official capacity on
behalf of the public entity that the employee, officer, or official
represents.
(c) The provisions of this section shall be enforced by the
Attorney General, district attorney, or city attorney with
jurisdiction, pursuant to the rules and penalties set forth in the
Political Reform Act of 1974 (Title 9 (commencing with Section 81000)
of the Government Code).
SEC. 2. Section 185034 of the Public Utilities Code is amended to
read:
185034. The authority may do any of the following:
(1) Conduct engineering and other studies related to the selection
and acquisition of rights-of-way and the selection of a franchisee,
including, but not limited to, environmental impact studies,
socioeconomic impact studies, and financial feasibility studies.
(2) Evaluate alternative high-speed rail technologies, systems and
operators, and select an appropriate high-speed rail system.
(3) Establish criteria for the award of a franchise.
(4) Accept grants, fees, and allocations from the state, from
political subdivisions of the state or from the federal government,
and private sources.
(5) Select a proposed franchisee, a proposed route, and proposed
terminal sites.
(6) Enter into contracts with public and private entities for the
preparation of the plan.
(7) Prepare a detailed financing plan, including any necessary
taxes, fees, or bonds to pay for the construction of the high-speed
train network.
(8) Develop a proposed high-speed rail financial plan, including
necessary taxes, bonds, or both, or other indebtedness, and submit
the plan to the Legislature and to the Governor.
(9) Keep the public informed of its activities.
SEC. 3. Section 1.5 of this bill shall become
operative only if (1) both this bill and Assembly Bill 145 of the
2011-12 Regular Session are enacted and become effective on or before
January 1, 2012, and (2) Assembly Bill 145 repeals and adds Division
19.5 (commencing with Section 18500) of the Public Utilities Code,
in which case Section 1 of this bill shall not become operative.
SEC. 4. Section 2 of this bill shall not become
operative if (1) Assembly Bill 145 of the 2011-12 Regular Session is
enacted and becomes effective on or before January 1, 2012, and (2)
that bill repeals and adds Division 19.5 (commencing with Section
18500) of the Public Utilities Code.