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.