Responsibilities Of The High-speed Rail Authority Inspector General - - CA Public Utilities

Section § 187030

This law outlines the responsibilities of the Inspector General concerning the oversight of the High-Speed Rail Authority project in California. The Inspector General can conduct independent audits and reviews related to the project’s delivery and contractor oversight. They are responsible for fiscal reviews of project plans, monitoring progress on specific segments like the Merced to Bakersfield segment, and conducting general audits and investigations.

The Inspector General should identify and recommend best practices for project delivery, review change order processes, and ensure contracting practices comply with laws and offer good value. They also check proposed agreements for alignment with state interests and statutory missions. However, the Inspector General cannot investigate personnel issues within the High-Speed Rail Authority, and this law does not limit the Authority's own audit powers.

(a) The Inspector General may, under policies developed by the Inspector General, initiate an audit or review on the Inspector General’s own accord regarding oversight related to delivery of the project, and the selection and oversight of contractors related to the project. Following a completed audit or review, the Inspector General may perform a followup audit or review to determine what measures the High-Speed Rail Authority implemented to address the Inspector General’s findings and to assess the effectiveness of those measures. In considering what audits and reviews to perform, the Inspector General may consider input received from the Legislature, the Governor, and the High-Speed Rail Authority.

(b) The duties and responsibilities of the Inspector General shall include, but are not limited to, all of the following:

(1) Commencing with the project update report required pursuant to Section 185033.5 that is due on or before March 1, 2023, to conduct independent fiscal estimates and reviews of the High-Speed Rail Authority’s plans and estimates for project advancement and make findings of the reasonableness of those plans and estimates.

(2) Commencing with the project update report required pursuant to Section 185033.5 that is due on or before March 1, 2023, to monitor progress toward meeting the milestones toward the implementation of the successful completion of the Merced to Bakersfield segment of the project, consistent with subdivision (a).

(3) To conduct audits and investigations relating to delivery of the project.

(4) To identify best practices in the delivery of capital projects and recommend policies to enable the High-Speed Rail Authority to adopt these practices when practicable.

(5) To recommend policies promoting efficiency in the administration of programs and operations as part of any audit findings.

(6) To review the High-Speed Rail Authority process for considering proposed and executed change orders and to make any recommendations to ensure the process is appropriate for determining the merit and reasonableness of change orders.

(7) To review the High-Speed Rail Authority’s contracts and contracting practices to determine whether they are executed consistent with state and federal laws and policies and are conducted in a fair and reasonable manner, providing the state with valued services at reasonable cost.

(8) To review proposed agreements to ensure that they are in the best interest of the state, the High-Speed Rail Authority’s statutory mission, and state priorities.

(9) To review or investigate adherence to contract provisions, including, but not limited to, billing and invoicing requirements, of any public or private entity, including a High-Speed Rail Authority contractor, that receives project funds.

(d) Nothing in this division is intended to infringe upon the authority of the High-Speed Rail Authority’s own audits and controls.

Inspector General oversight High-Speed Rail Authority project audits contractor oversight fiscal estimates project milestones project delivery audits best practices capital projects efficiency recommendations change order process contract reviews contracting practices high-speed rail project state interest agreements

(Amended by Stats. 2024, Ch. 53, Sec. 9. (AB 173) Effective July 2, 2024.)

Section § 187032

This section outlines the powers and responsibilities of the Office of the Inspector General related to their oversight duties. They have the authority to administer oaths, certify official acts, and investigate complaints about rule violations or actions that pose a danger to public health and safety. When complaints are received from High-Speed Rail Authority employees or contractors, the Inspector General must keep the employee's identity confidential unless it is necessary for the investigation or legal proceedings. Employees making complaints are protected from retaliation unless they knowingly provide false information. The Inspector General can also issue subpoenas to gather evidence and testimonies across the state.

(a) In connection with duties authorized pursuant to this division, the Office of the Inspector General may do any of the following:

(1) Administer oaths.

(2) Certify to all official acts.

(3) Receive and investigate complaints or information from any person concerning the existence of an activity constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Once a complaint or information has been received from an employee of the High-Speed Rail Authority or one of its contractors:

(A) The Inspector General shall not disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that the disclosure is unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken.

(B) No action constituting a reprisal, or threat of reprisal, for making the complaint or providing the information may be taken by any employee of the High-Speed Rail Authority or one of its contractors in a position to take those actions, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(4) Issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, or documents in any medium, or for the making of oral or written sworn statements, in any interview conducted pursuant to duties authorized by this division.

(b) Any subpoena issued under this division extends as process to all parts of the state and may be served by any person authorized to serve process of courts of record or by any person designated for that purpose by the office. The person serving this process may receive compensation as is allowed by the office, not to exceed the fees prescribed by law for similar service.

Office of the Inspector General High-Speed Rail Authority confidentiality subpoena powers employee protection investigation authority retaliation protection public health and safety complaint investigation administrative authority document production witness attendance mismanagement investigation abuse of authority substantial danger reporting

(Amended by Stats. 2024, Ch. 53, Sec. 10. (AB 173) Effective July 2, 2024.)

Section § 187034

This law section grants the Inspector General the power to access and examine the books, accounts, and records of the High-Speed Rail Authority to carry out their duties. This inspection can be done during regular business hours or anytime deemed necessary. All officers and employees must cooperate by allowing access to these records.

Additionally, starting July 1, 2024, the High-Speed Rail Authority must include this access right in every contract or amendment where project funds are used, ensuring compliance and transparency.

(a) Notwithstanding any other law, the Inspector General during regular business hours or at any other time determined necessary by the Inspector General shall have access to and authority to examine and reproduce any and all books, accounts, reports, vouchers, correspondence, files, documents, and other records, and to examine the bank accounts, money, or other property of the High-Speed Rail Authority in connection with duties authorized by this division. Any officer or employee of any agency or entity having these records or property in their possession or under their control shall permit access to, and examination and reproduction thereof consistent with the provisions of this division, upon the request of the Inspector General or the Inspector General’s authorized representative.

(b) The High-Speed Rail Authority shall ensure that the right-of-access provisions described in subdivision (a) are included in all of its contracts or amendments executed on or after July 1, 2024, in which project funds will be expended.

Inspector General access High-Speed Rail Authority records right-of-access reproduction of records examine bank accounts access to documents High-Speed Rail contracts project funds compliance contract amendments transparency in operations document examination authority employee cooperation records examination inspection during business hours authorized representative access

(Amended by Stats. 2024, Ch. 53, Sec. 11. (AB 173) Effective July 2, 2024.)

Section § 187036

This law makes it a misdemeanor for the Inspector General or their employees, both current and former, to share any confidential information that the law does not allow them to release. This also applies to anyone who has received a draft report for feedback, contractors working with the Inspector General, and employees of any state or public agency helping the Inspector General. Sharing this restricted information with unauthorized people is illegal.

It is a misdemeanor for the Inspector General or any employee or former employee of the Inspector General to divulge or make known in any manner not expressly permitted by law to any person not employed by the Inspector General any particulars of any record, document, or information the disclosure of which is restricted by law from release to the public. This prohibition is also applicable to any person who has been furnished a draft copy of any report for comment or review or any person or business entity that is contracting with or has contracted with the Inspector General and to the employees and former employees of that person or business entity or the employees of any state agency or public entity that has assisted the Inspector General in connection with duties authorized by this division.

Inspector General misdemeanor confidential information restricted disclosure unauthorized release draft report comments contractors confidentiality state agency collaboration public entities former employees restriction information privacy violation legal disclosure rules public record restriction employee information breach contractor information restrictions

(Added by Stats. 2022, Ch. 71, Sec. 10. (SB 198) Effective June 30, 2022.)

Section § 187038

The Inspector General must report annually to the Legislature and the Governor about any reviews, investigations, or audits related to the High-Speed Rail Authority. These reports should include any significant problems found and whether past recommendations have been followed.

The summaries should be available on the office’s website and to the public. Additionally, the Inspector General must maintain and publish a list of findings and the High-Speed Rail Authority's progress in addressing them. These reports must also comply with certain government code requirements when submitted to the Legislature.

(a) Notwithstanding Section 10231.5 of the Government Code, the Inspector General shall report at least annually to the Legislature and the Governor a summary of its findings, positive and negative, of any reviews, investigations, or audits conducted pursuant to this division, when the High-Speed Rail Authority provides statutorily required documents to the Legislature, and upon request of the Legislature or Governor. The summary shall be posted on the office’s internet website and otherwise made available to the public upon its release to the Legislature and the Governor. The summary shall include, but not be limited to, significant problems discovered by the office, and whether previous recommendations the office has made have been implemented.

(b) Notwithstanding Section 10231.5 of the Government Code, the Inspector General shall report annually to the Legislature and the Governor on findings related to the High-Speed Rail Authority’s planning and delivery of the project. This report shall include updates on the High-Speed Rail Authority’s efforts to remedy any identified findings, and whether any identified findings have been addressed.

(c) The Inspector General shall maintain a list of identified findings, and the status of the High-Speed Rail Authority’s efforts to address them, and shall post that list on the office’s internet website.

(d) Reports to be submitted to the Legislature pursuant to subdivisions (a) and (b) shall be submitted in compliance with Section 9795 of the Government Code.

Inspector General reporting High-Speed Rail Authority legislative reporting audit findings addressing recommendations public availability of reports significant problems in rail project annual updates High-Speed Rail project planning project delivery findings Government Code compliance

(Added by Stats. 2022, Ch. 71, Sec. 10. (SB 198) Effective June 30, 2022.)