Government Code — Part 11 | GOV — United States — California law | Esheria

Government Code

Part 11 of 107 · provisions 2,001–2,200

This act is named the Government Code.

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 13995.90.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 9. Miscellaneous [13995.90 - 13995.93] ( Article 9 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    Compliance with this chapter is a complete defense in a civil or criminal action or proceeding alleging violation of certain antitrust or trade-restraint laws.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 9. Miscellaneous [13995.90 - 13995.93] ( Article 9 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.90. In any civil or criminal action or proceeding for violation of any of the following, proof that the act that is complained of was done in compliance with the provisions of this chapter is a complete defense to the action or proceeding: (a) The Cartwright Act, Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code. (b) The Unfair Practices Act, Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code. (c) Any rule of statutory or common law against monopolies or combinations in restraint of trade. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  2. 13995.91.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 9. Miscellaneous [13995.90 - 13995.93] ( Article 9 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    If part of this chapter is invalid, the rest still applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 9. Miscellaneous [13995.90 - 13995.93] ( Article 9 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.91. If any section, sentence, clause, or part of this chapter or the application thereof to any person or circumstance is for any reason held to be invalid, that invalidity shall not affect the remaining provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. The Legislature hereby declares that it would have passed this chapter and each section, sentence, clause, and part of this chapter despite the fact that one or more sections, sentences, clauses, or parts of this chapter is declared invalid. (Added by Stats. 2003, Ch. 229, Sec. 1.5. Effective January 1, 2004.)
  3. 13995.92.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 9. Miscellaneous [13995.90 - 13995.93] ( Article 9 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The commission must set the passenger rental car industry assessment rate, and it cannot exceed 3.5% or be set above the level needed to generate more than 60% of the commission’s expenditures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 9. Miscellaneous [13995.90 - 13995.93] ( Article 9 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.92. The assessment for the passenger rental car industry rate shall be set by the commission, shall be no more than 3.5 percent, and shall be set at a level that will generate no more than 60 percent of all expenditures by the commission as set forth in Section 13995.45. (Amended by Stats. 2014, Ch. 320, Sec. 2. (SB 1119) Effective January 1, 2015.)
  4. 13995.93.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 9. Miscellaneous [13995.90 - 13995.93] ( Article 9 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    The commission’s approved marketing plan must be at least $50 million per fiscal year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 1. California Tourism Marketing Act [13995 - 13995.118] ( Chapter 1 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## ARTICLE 9. Miscellaneous [13995.90 - 13995.93] ( Article 9 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13995.93. The approved marketing plan of the commission shall be no less than fifty million dollars ($50,000,000) per fiscal year. (Added by Stats. 2014, Ch. 320, Sec. 3. (SB 1119) Effective January 1, 2015.)
  5. 13996.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. )

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    The Legislature states background findings about California’s trade and investment economy.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. ) ## 13996.4. The Legislature finds and declares all of the following: (a) The statutory authority for the Technology, Trade, and Commerce Agency, including the agency’s international trade and investment promotion programs, was repealed by Chapter 229 of the Statutes of 2003, thereby reducing the capacity of state government to assist California firms in developing global business opportunities. (b) The repeal of the statutory authority for the Technology, Trade, and Commerce Agency has increased the importance of strengthening collaborative linkages among remaining California-based international trade and investment promotion programs operated at federal, state, regional, and local levels. These programs include, but are not limited to, the Centers for International Trade Development operated by the California Community Colleges, 15 offices of the United States Commercial Service within the United States Department of Commerce, numerous local and regional World Trade Centers, and public and private economic development and trade associations. (c) According to data for 2000, international trade and investment activity in the state supports one in every seven California jobs. (d) According to the Public Policy Institute of California: (1) Nearly 94 percent of all exporters located in California are small- or medium-sized firms. Over 90 percent of businesses in California are small businesses and over 50 percent of all workers are employed by a small business. (2) Exporters are more productive and pay higher wages than nonexporters. (3) Effective state programs supporting export opportunities should identify and respond to differing needs of both export-willing and export-ready firms. (e) The adequacy of the state’s infrastructure, workforce, research facilities, manufacturing and service industries, and access to capital form the foundation of California’s global market-related economy. (f) California’s multicultural and ethnic populations offer unique opportunities for international trade and investment. (g) United States subsidiaries of foreign companies in California employed 561,000 California workers from 2000 to 2005. This is an increase of 15 percent. In comparison to other states, California is an attractive location for international employers, ranking first in the United States in the number of employees supported by United States subsidiaries. (h) California’s trade and investment policy is a living document that should be regularly updated to reflect emerging business trends and the changing needs of California businesses and workers. (Added by Stats. 2006, Ch. 663, Sec. 2. Effective January 1, 2007.)
  6. 13996.41.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. )

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    The Governor’s Office of Business and Economic Development must run an International Trade and Investment Program and adopt a conflict-of-interest and gift policy; it may also open or close certain overseas trade offices and contract with a nonprofit to run an office.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. ) ## 13996.41. (a) The Governor’s Office of Business and Economic Development shall develop and implement an International Trade and Investment Program that does all of the following: (1) Attracts employment-producing direct foreign investment to the state. (2) Provides support for California businesses in accessing international markets, including assistance to increase California exports. (3) Engages in other international trade or foreign investment activities assigned by the Governor. (b) The Director of the Governor’s Office of Business and Economic Development may establish and terminate international trade and investment offices outside of the United States as he or she determines is appropriate if the requirements of Section 13996.65 are satisfied. (c) This section shall not be construed to confer powers or impose duties upon the Governor’s Office of Business and Economic Development that conflict with any powers conferred or duties imposed upon the Department of Food and Agriculture with respect to the promotion of California agriculture, fish, or forest exports. (d) The Governor’s Office of Business and Economic Development shall develop a conflict-of-interest and gift policy that applies to the Governor’s Office of Business and Economic Development and all international trade and investment offices established by it. (e) Any international trade and investment office established by the Governor’s Office of Business and Economic Development may be funded in whole or in part by nonstate funds. (f) The Governor’s Office of Business and Economic Development may contract with a nonprofit entity to operate an international trade and investment office. The contract shall, among other provisions, require the nonprofit entity to provide the Governor’s Office of Business and Economic Development information sufficient to satisfy the reporting requirements in subdivision (c) of Section 13997 within 30 days of receipt by the nonprofit entity of each donation used to fund an international trade and investment office. (Added by Stats. 2012, Ch. 294, Sec. 1. (AB 2012) Effective September 11, 2012.)
  7. 13996.42.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. )

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    The Governor’s Office of Business and Economic Development may set up an international trade and investment office outside the United States if two conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. ) ## 13996.42. The Governor’s Office of Business and Economic Development may establish an international trade and investment office outside of the United States if both of the following conditions are met: (a) The country where an international trade and investment office would be located is among those with the greatest potential for direct foreign investment in California, export growth, or both, as determined by the director. (b) The Director of the Governor’s Office of Business and Economic Development has included the new international trade and investment office in the Governor’s Office of Business and Economic Development’s current annual program budget and strategy and business plan for the year for the International Trade and Investment Program as required by Section 13996.65. (Added by Stats. 2012, Ch. 294, Sec. 2. (AB 2012) Effective September 11, 2012.)
  8. 13996.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. )

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    The Director of the Governor’s Office of Business and Economic Development must give the Legislature a strategy for international trade and investment by July 1, 2019, and the strategy must be updated at least every five years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. ) ## 13996.55. (a) The Director of the Governor’s Office of Business and Economic Development shall provide to the Legislature, not later than July 1, 2019, a strategy for international trade and investment that, at a minimum, includes all of the following: (1) Policy goals, objectives, and recommendations necessary to implement a comprehensive international trade and investment program for the state. This information shall be provided in a fashion that clearly indicates priority within the overall strategy. (2) Measurable outcomes and timelines for the goals, objectives, and actions for the international trade and investment program. (3) Identification of impediments for achieving goals and objectives. (4) Identification of key stakeholder partnerships that will be used in implementing the strategy. (5) Identification of options for funding recommended actions. (6) A current organizational structure for the state administration of international trade and investment policies, programs, and services. The organizational chart may include other state entities that are related to achieving the goals, objectives, and actions identified in the strategy. (b) (1) The strategy shall be based on current and emerging market conditions and the needs of investors, businesses, and workers to be competitive in global markets. (2) The strategy shall identify the process the Governor’s Office of Business and Economic Development will use to evaluate on an ongoing basis, as appropriate, current workforce, infrastructure, research and development, and other needs of small and large firms, including, but not limited to, highways, logistic hubs, and rail that link businesses with the state’s ports of entry and foreign and domestic markets. (3) The strategy may, to the extent relevant and feasible, be based on existing studies and reports, including, but not limited to, the Goods Movement Action Plan, the California Strategic Workforce Development Plan, the California Export of Recycled Materials Report, the California Five-Year Infrastructure Plan, and the Environmental Goals and Policy Report. (c) The strategy shall be submitted to the Chief Clerk of the Assembly and the Secretary of the Senate and a notice of its submittal shall be provided to the Speaker of the Assembly, the President pro Tempore of the Senate, and the chairs of the Assembly Committee on Jobs, Economic Development, and the Economy and the Senate Committee on Business, Professions and Economic Development, or the successor committees with jurisdiction over international trade and economic development programs. (d) The strategy shall be updated pursuant to the procedures of this section at least once every five years. (Amended by Stats. 2018, Ch. 313, Sec. 2. (AB 1561) Effective January 1, 2019.)
  9. 13996.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. )

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    The director must prepare an annual budget, strategy and business plan, and prior-year review for the International Trade and Investment Program, and send them to specified legislative offices and committees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. ) ## 13996.65. (a) The director shall prepare the following: (1) A budget for the International Trade and Investment Program that includes a separately stated budget for each international trade and investment office. The budget shall provide all the following: (A) A description of how the International Trade and Investment Program and each individual international trade and investment office will be funded. (B) A description of staffing levels and the positions needed to operate each international trade and investment office. (2) A strategy and business plan for the International Trade and Investment Program, developed with input from California businesses that shall include, but not be limited to, measurable goals, objectives, and outcomes and timelines necessary to attract employment-producing direct foreign investment to the state and increase California exports. The strategy and business plan shall include, but not be limited to, all of the following: (A) A description of the staffing levels and staff expertise needed to operate each international trade and investment office. (B) A description of monitoring and oversight procedures implemented for the International Trade and Investment Program. (C) A description of how a newly proposed international trade and investment office will facilitate an increase of direct foreign investment in California or an increase in California exports, or both. (3) A written review of the implementation of the prior year’s strategy and business plan for the International Trade and Investment Program that addresses the performance of the program and each international trade and investment office. (b) The annual budget, the strategy and business plan for the International Trade and Investment Program, and the prior year’s review drafted pursuant to subdivision (a) shall be transmitted to the Chief Clerk of the Assembly, the Secretary of the Senate, the Speaker of the Assembly, the President pro Tempore of the Senate, the chair of the Assembly Committee on Jobs, Economic Development, and the Economy and the chair of the Senate Committee on Business, Professions and Economic Development, or respective successor committees, with jurisdiction over the international trade and economic development programs. (Repealed and added by Stats. 2012, Ch. 294, Sec. 7. (AB 2012) Effective September 11, 2012.)
  10. 13996.75.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. )

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    The Controller must not allocate state funds for certain international trade and investment activities unless the required strategy has been submitted to the Legislature by May 1, 2014.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 2.5. International Trade and Investment [13996.4 - 13996.75] ( Chapter 2.5 added by Stats. 2006, Ch. 663, Sec. 2. ) ## 13996.75. The Controller shall not allocate any state funds to the Governor’s Office of Business and Economic Development for international trade and investment activities if the strategy for international trade and investment has not been submitted to the Legislature pursuant to subdivision (a) of Section 13996.55 and subdivision (b) of Section 13996.65 by May 1, 2014. (Amended by Stats. 2012, Ch. 294, Sec. 9. (AB 2012) Effective September 11, 2012.)
  11. 13997.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 3. Economic Development [13997 - 13997.6] ( Chapter 3 added by Stats. 2003, Ch. 229, Sec. 1.5. )

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    This section lets the Governor’s Office of Business and Economic Development accept and use certain funds for international trade and investment activities, but it caps donor contributions, requires website reporting, and limits some contract and spending amounts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 3. Economic Development [13997 - 13997.6] ( Chapter 3 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13997. (a) With respect to international trade and investment offices or international trade show or activities related to promoting international trade and investment events funded in whole or in part by state and nonstate funds pursuant to subdivision (e) of Section 13996.41, all of the following shall apply: (1) (A) The Governor’s Office of Business and Economic Development may accept moneys, including, but not limited to, state, federal, and private sector funds, for the purposes of operating any international trade and investment office or international trade show or activity related to promoting international trade and investment events, subject to Title 9 (commencing with Section 81000). (B) (i) A donor shall not donate more than 25 percent of the annual budget of an international trade and investment office in a calendar year. (ii) The donor may specify the international trade and investment office or international trade show or activity related to promoting international trade and investment events for which the funds shall be used. (C) Funds received pursuant to subdivision (e) of Section 13996.41 shall be deposited into the Economic Development and Trade Promotion Account, which is hereby established in the Special Deposit Fund (Article 2 (commencing with Section 16370) of Chapter 2 of Part 2 of Division 4) within the State Treasury. (D) (i) Notwithstanding Section 13340, the Director of the Governor’s Office of Business and Economic Development may expend funds in the Economic Development and Trade Promotion Account, and any other state, federal, or private funds authorized for purposes of this subdivision, by entering into goods and services contracts using those funds as necessary to support international market development activities, including, but not limited to, trade shows, trade missions, promotional events, and seminars, as well as staffing support for those activities, not to exceed two hundred thousand dollars ($200,000), without regard to fiscal year, for the purposes of this subdivision. (ii) Justification and approval from the director shall be required for contracts that exceed this threshold. (iii) The director may also pursue activities that directly benefit the industry sources from which the funds are derived. (iv) Notwithstanding any other law, any goods and services contract entered into by the Governor’s Office of Business and Economic Development pursuant to this subparagraph shall be exempt from any contracting requirements applicable only to state contracts, including, but not limited to, Section 10295 of the Public Contract Code. (E) (i) Funds in the Economic Development and Trade Promotion Account may be allocated to an international trade and investment office or an international trade show or activities related to promoting international trade and investment events. (ii) If allocated to an international trade and investment office, funds shall be maintained by that office in an account. Records of donations received and expenditures made pursuant to this section shall be subject to public disclosure. (2) For each donation that it receives to fund an international trade and investment office or international trade show or activity related to promoting international trade and investment events, the Governor’s Office of Business and Economic Development shall post a report on its internet website within 30 days of receiving that donation. The report shall contain all of the following information: name and address of the donor; amount of the donation; date the donation was made; name and address of the entity receiving or using the donation; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the donation was made, if any. (b) Funds from the Economic Development and Trade Promotion Account may be expended for representational allowance expenditures for the purpose of providing the proper representation of California to foreign government officials and federal officials of the United States, which shall include both of the following: (1) Business-related meals that include the participation of both foreign government officials or federal officials of the United States and the California business community, not to exceed 300 percent of established per diem rates. (2) Representational gifts, not to exceed one hundred dollars ($100) per item. (c) This section does not affect any requirement of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). (Amended by Stats. 2024, Ch. 577, Sec. 3. (AB 2832) Effective January 1, 2025.)
  12. 13997.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 3. Economic Development [13997 - 13997.6] ( Chapter 3 added by Stats. 2003, Ch. 229, Sec. 1.5. )

    Verify source ↗

    The California Economic Development Fund is created in the State Treasury to receive economic development funds and repayment money; the Governor’s Office of Business and Economic Development may spend the fund only if the Legislature appropriates it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 3. Economic Development [13997 - 13997.6] ( Chapter 3 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## 13997.6. (a) The California Economic Development Fund is hereby created in the State Treasury for the purpose of receiving federal, state, local, and private economic development funds, and receiving repayment of loans or grant proceeds and interest on those loans or grants. (b) Upon appropriation by the Legislature, moneys in the fund may be expended by the Governor’s Office of Business and Economic Development to provide matching funds for loans or grants to public agencies, nonprofit organizations, and private entities, and for other economic development purposes, consistent with the purposes for which the moneys were received. (Amended by Stats. 2012, Ch. 294, Sec. 11. (AB 2012) Effective September 11, 2012.)
  13. 13998.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    This section defines key terms used in Chapter 4, including “Agency,” “collaborative research,” “consortia,” “information technology,” “technology,” and “technology transfer.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998. Unless the context otherwise requires, the definitions in this section govern the construction of this chapter. (a) “Agency” means the Business, Transportation and Housing Agency. (b) “California-based foundation” means an organization defined in the Internal Revenue Code as a private foundation, which is incorporated in, and primarily conducts its activities within, the state and receives funding in whole or in substantial part from California-based companies. (c) “Collaborative research” means technological or scientific research that accelerates existing research toward the commercialization of products, processes, and services, and is conducted jointly or funded jointly by some or all of the following: (1) The private sector, including intraindustry groups, California-based private foundations, industry associations, and nonprofit cooperative associations. (2) The federal government. (3) The state. (4) Public or private universities, colleges, and laboratories. (d) “Consortia” means jointly funded or jointly operated nonprofit independent research and development organizations. “Consortia development” means the establishment of consortia to manage and fund a variety of technology transfer projects within a specific technology or industry priority. (e) “Industry association” is a nonprofit organization with a substantial presence in California whose membership consists in whole or in part of California-based companies, and whose funding is derived in whole or in part from California-based companies. (f) “Information technology” includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications that include voice, video, and data communications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines. (g) “Nonprofit cooperative association” means an association, organized and operating pursuant to either Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code or Part 2 (commencing with Section 12200) of Division 3 of Title 1 of the Corporations Code. (h) “Technology” includes, but is not limited to, the application of science and engineering to research and development, especially for industrial or commercial objectives, in sectors that include telecommunications, information technologies, electronics, biochemistry, medicine, agriculture, transportation, space, and aerospace. (i) “Technology transfer” means the movement of the results of basic or applied technological or scientific research to the design, development, and production of new or improved products, services, or processes. (Added by renumbering Section 13994 by Stats. 2015, Ch. 303, Sec. 196. (AB 731) Effective January 1, 2016.)
  14. 13998.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    The agency can designate regional technology alliances, and alliances must carry out listed technology-development activities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.1. (a) (1) There is within the agency the Regional Technology Alliance Program. The intent of the regional technology alliances is to decentralize the delivery of services and resources, programs and activities for technology development, commercialization, application, and competitiveness at a regional level. (2) The agency may designate new regional technology alliances upon application to carry out activities described in this section. (3) The agency may establish criteria for designation that includes, but need not be limited to, criteria previously established by the Defense Conversion Council pursuant to Article 3.7 (commencing with Section 15346) of Chapter 1, as it read on December 31, 1998. (b) Each alliance shall perform the following activities: (1) Raise and leverage funds from multiple public and private sources to support technology development, commercialization, and application and industry competitiveness particularly in response to defense industry conversion and diversification. (2) Assist in the formation of new businesses. (3) Maintain an electronic network and access to databases that encourages business ventures. (4) Coordinate with activities and efforts of industry, academia, federal laboratories, and governments. (5) Recommend administrative actions or programs that could assist California’s defense-dependent industries to successfully convert to commercial markets. (6) Provide information about state and federal defense conversion programs, including, but not limited to, job training, economic development, industrial modernization, dual-use technology, new management techniques, and technology development and transfer. (7) Identify emerging industries that may include commercial space applications, transportation, environment, high performance computing and communications, biotechnology and advanced materials, and processing and critical existing industries. (c) Each alliance may also perform, but need not be limited to, the following activities: (1) Assist in identifying businesses that could benefit from defense conversion programs and defense-dislocated workers who require employment and training opportunities. (2) Assist and provide coordination in determining job opportunities within and outside of the defense industry for which displaced workers could be retrained and placed. (3) Serve as a forum for industrywide networking linking producers, suppliers, and consumers. (4) Assist individual businesses and industry consortia in applying for state and federal defense conversion program funds. (5) Provide information and assistance in upgrading individual businesses and industrywide production and management processes. (6) Provide information on available state and federal resources to aid businesses and workers affected by defense spending reductions, base closures, plant closures, and layoffs, to foster long-term economic vitality, industrial growth, and job opportunities. (d) Each alliance is encouraged to develop activities that achieve the following results: (1) Creation and retention of jobs. (2) Creation of new businesses. (3) Development of new commercial or dual-use products. (4) Establishment of industry partnerships and consortia. (5) Demonstration of productivity enhancement such as return on investment, reduced cost, employee training, and upgrades. (6) Establishment of public and private partnerships. (7) Commitment of industry support, participation, and capital. (8) Leverage of state funds. (9) Loan repayment ratio. (10) Participation of small businesses and minority-, women-, and disabled veteran-owned businesses. (11) Workforce training. (e) The agency shall be authorized to enter into a contract for services with any alliance to provide services to the office. These contracts shall be sole source contracts, and exempt from the competitive bid process. (f) During the first two years following selection of an alliance, the alliance shall monitor the performance of any application funded pursuant to Section 13998.2, and each invoice for payment shall be reviewed and approved by the alliance, but the contract for services shall be directly between the agency and the entity receiving grant funding. Commencing with the third year of designation, any alliance with procedures and processes approved by the agency shall be authorized to directly contract with grant recipients. The agency shall audit these grants on a regular basis. (Added by renumbering Section 13994.1 by Stats. 2015, Ch. 303, Sec. 197. (AB 731) Effective January 1, 2016.)
  15. 13998.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    This section creates the California Competitive Technology Fund, directs the Treasurer to invest unused fund money, and allows the fund’s money to be continuously appropriated for the chapter’s purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.10. (a) In order to carry out this chapter, there is hereby created in the State Treasury the California Competitive Technology Fund. (b) The fund shall receive state funds appropriated to it, contributions from nonstate sources, reimbursements, federal funds, and interest that accrues to the moneys in the fund pursuant to subdivision (c). (c) The Treasurer shall invest moneys contained in the fund not needed to meet current obligations in the same manner as other public funds are invested. (d) Notwithstanding Section 13340, all moneys in the fund are continuously appropriated without regard to fiscal years to the agency for the purposes of this chapter, and for the purposes for which moneys were provided. Except for state funds appropriated to, or transferred into, the fund for local assistance, moneys in the fund, including all interest, may be spent for support. (Added by renumbering Section 13994.10 by Stats. 2015, Ch. 303, Sec. 206. (AB 731) Effective January 1, 2016.)
  16. 13998.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    The agency must report on this program to the Governor and the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.11. The agency shall report on this program to the Governor and the Legislature. (Added by renumbering Section 13994.11 by Stats. 2015, Ch. 303, Sec. 207. (AB 731) Effective January 1, 2016.)
  17. 13998.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    The Technology Planning Program is established within the agency and must provide grants and technical assistance to eligible California nonprofit organizations and public entities; it also awards grants through a competitive application process.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.12. There is hereby established within the agency the Technology Planning Program. The program shall provide grants and technical assistance to California nonprofit organizations and public entities working within specific industries to identify conversion or expansion projects. Grants may be awarded in the areas of strategic planning and strategic alliances. The program shall award grants based upon a competitive application process addressing the project’s eligibility, a review of the proposal’s scientific and technological aspects, and ability to fulfill goals of the program. Priority shall be given to those projects with the identified support of industry representatives, matching funding, projects likely to receive federal funds requiring matching funds, and any other criteria determined by the agency. A project example is a joint effort to develop and commercialize defense-related technologies by federal laboratories, universities, and companies in close geographical proximity. (Added by renumbering Section 13994.12 by Stats. 2015, Ch. 303, Sec. 208. (AB 731) Effective January 1, 2016.)
  18. 13998.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    The agency must run the Challenge Grant Program, award grants through a competitive application process, and report on the program to the Governor and the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.2. (a) There is within the agency the Challenge Grant Program, consisting of technology transfer grants and defense industry conversion and diversification grants. Challenge grant projects funded shall include, but not be limited to, the following: defense industry conversion and diversification, access to ongoing research and research findings, exchange or transfer of personnel and research support services, including capital outlay, consortia development, and collaborative research. (b) All funds appropriated or received by the Challenge Grant Program shall administratively be divided into either the Technology Transfer Grant Program or the Defense Industry Conversion and Diversification Program. Funding awards for the Technology Transfer Grant Program shall be made pursuant to the requirements set forth in Sections 13998.3 and 13998.6. (c) The agency shall award grants based upon a competitive application process addressing the project’s eligibility and ability to fulfill the goals of the program. (d) The agency shall report on this program to the Governor and the Legislature. (Added by renumbering Section 13994.2 by Stats. 2015, Ch. 303, Sec. 198. (AB 731) Effective January 1, 2016.)
  19. 13998.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    Certain eligible technology transfer and defense industry conversion projects must identify funding, avoid replacing other funding, and show a significant part of the project will be done in California. Defense industry conversion projects also cannot receive more than 25% of requested total project costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.3. (a) An eligible technology transfer or defense industry conversion and diversification project shall, at least, do all of the following: (1) Identify the sources of funding for the entire project. (2) Not supplant other funding. (3) Demonstrate that a significant portion of the project will be undertaken in California. (b) In addition to the requirements contained in subdivision (a), a defense industry conversion and diversification project shall not receive more than 25 percent of the total project costs requested in the proposal. (c) In addition to the requirements contained in subdivision (a), a technology transfer project shall: (1) Represent a technology or industry, or both, targeted in the application. (2) Include a significant amount of matching contributions from either of the following: (A) A private sector company or companies. (B) A California-based foundation or foundations, an industry association or associations, or a nonprofit cooperative association or associations. (3) Include either of the following: (A) A private sector company or companies that have significant operations in the state. (B) A California-based foundation or foundations, an industry association or associations, or a nonprofit cooperative association or associations. (Added by renumbering Section 13994.3 by Stats. 2015, Ch. 303, Sec. 199. (AB 731) Effective January 1, 2016.)
  20. 13998.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    A technology transfer grantee may not charge grant funds for expenses unless there is evidence of a workable project agreement with at least an IP-rights resolution and, when applicable, public/private sector involvement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.4. The technology transfer grantee shall not incur expenses to be paid with grant funds without evidence of a workable agreement between the parties participating in the project that includes at least both of the following: (a) A resolution of the intellectual property rights relative to the project. (b) A direct and ongoing involvement of the public and private sectors, when applicable in the project. (Added by renumbering Section 13994.4 by Stats. 2015, Ch. 303, Sec. 200. (AB 731) Effective January 1, 2016.)
  21. 13998.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    The agency must consider listed criteria when awarding technology transfer grants and must target and fund industries and projects that can help the California economy.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.5. (a) In awarding technology transfer grants, the agency shall consider the following: (1) The likelihood of commercialization of a product, service, or process. (2) The potential impact on the state’s economy. (3) The cost-effectiveness of the project. (4) The importance of state funding for the viability of the project. (5) Cost sharing by other participants. (6) The involvement of small businesses and minority-, disabled veteran-, and women-owned businesses. (7) Projects that will result in a prototype by the end of the grant period. (8) Other criteria that the agency determines are consistent with the purposes of the program. (b) The agency shall target industries and technologies with a potential for enhancing the California economy, and shall fund projects within those industries and utilizing those technologies. (Added by renumbering Section 13994.5 by Stats. 2015, Ch. 303, Sec. 201. (AB 731) Effective January 1, 2016.)
  22. 13998.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    Technology transfer projects may include certain overhead costs, but they cannot exceed allowable federal research overhead costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.6. Technology transfer projects may include reasonable overhead costs incurred by a research institute and related to the project that shall not exceed the allowable federal overhead costs for research. All other projects may include any costs authorized by the principal funding agency, and not precluded by state requirements. (Added by renumbering Section 13994.6 by Stats. 2015, Ch. 303, Sec. 202. (AB 731) Effective January 1, 2016.)
  23. 13998.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    Generally, only a public agency or a nonprofit organization may receive funds under this chapter, except for defense industry conversion and diversification projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.7. Except for defense industry conversion and diversification projects, only a public agency or a not-for-profit or nonprofit organization shall receive funds under this chapter. Any person or entity is authorized to receive a defense industry conversion and diversification grant. (Added by renumbering Section 13994.7 by Stats. 2015, Ch. 303, Sec. 203. (AB 731) Effective January 1, 2016.)
  24. 13998.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    The agency may get scientific and technological expertise for program advice, targeted technologies and industries, grant reviews, and project performance reviews. It may also award funds for multiple years without requiring the grantee to reapply if the money is used for the same originally funded project.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.8. (a) The agency may obtain scientific and technological expertise as needed to provide advice and input on the program, the establishment of targeted technologies and industries, the review of grant applications, and the review of project performance. (b) The agency may award funds over a multiyear period to a grantee without requiring the grantee to reapply, so long as the funds in multiple years are utilized for the same project originally funded. (Added by renumbering Section 13994.8 by Stats. 2015, Ch. 303, Sec. 204. (AB 731) Effective January 1, 2016.)
  25. 13998.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. )

    Verify source ↗

    The secretary may award certain technology transfer and consortia development grants, subject to percentage caps and a six-month private-sector-match condition for some awards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 4.7. BUSINESS AND TOURISM [13995 - 13998.12] ( Part 4.7 added by Stats. 2003, Ch. 229, Sec. 1.5. ) ## CHAPTER 4. Technology Programs [13998 - 13998.12] ( Chapter 4 added by Stats. 2003, Ch. 627, Sec. 1. ) ## 13998.9. (a) Notwithstanding Sections 13998.2, 13998.3, 13998.4, and 13998.5 and the regulations implementing this chapter, the secretary may award discretionary technology transfer grants totaling not more than 5 percent or one hundred thousand dollars ($100,000), whichever is greater, of the funds appropriated each year for this program. (b) Notwithstanding Sections 13998.2, 13998.3, 13998.4, 13998.5, and subdivision (a) of this section, the secretary may award up to 15 percent of the funds appropriated for a given fiscal year for consortia development projects that do not have private sector match but will have private sector match within six months from the date of the award of funding. For purposes of this subdivision, “private sector match” means a cash or in-kind contribution available for expenditure or use to a consortium development project. If, after six months, a private sector match is not available, funding under the program shall cease and all moneys previously received shall be returned to the state. (Added by renumbering Section 13994.9 by Stats. 2015, Ch. 303, Sec. 205. (AB 731) Effective January 1, 2016.)
  26. 14.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    “Shall” means mandatory, and “may” means permissive.

    ## Government Code - GOV ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1943, Ch. 134. ) ## 14. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1943, Ch. 134.)
  27. 14000.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 1. Legislative Intent [14000 - 14000.6] ( Article 1 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Legislature states California should plan transportation around varied local conditions and use a multimodal approach to provide safe, efficient service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 1. Legislative Intent [14000 - 14000.6] ( Article 1 added by Stats. 1972, Ch. 1253. ) ## 14000. The Legislature hereby finds and declares as follows: (a) Continued growth in transport demand resulting from population growth, concentration of population in urban areas, and increasing mobility requirements indicate a need for innovative, as well as improved, systems to accommodate increased demand. (b) The diversity of conditions in California is such as to require a variety of solutions to transportation problems within various areas of the state. Differences in population levels and densities, living patterns, social conditions, topography, climate, environmental circumstances, and other factors should be recognized in determining appropriate solutions to transportation problems in the various areas. Particular attention must be given to differences among the metropolitan, the less urbanized, and the more rural areas of the state. In some cases, future demands, particularly in urban corridors, may prove to be beyond the practical capabilities of a highway solution; while in other cases, environmental conditions may rule out a highway solution. In still other cases, heavy reliance upon highway transportation may prove to be satisfactory for the foreseeable future. Clearly, the appropriate mix of transportation modes throughout California to provide economical and efficient transportation service consistent with desires for mobility, will vary markedly from time to time and from area to area within the state. In all cases, regional and local expressions of transportation goals, objectives, and policies which reflect the unique characteristics and aspirations of various areas of the state shall be recognized in transportation planning tempered, however, by consideration of statewide interests. (c) A goal of the state is to provide adequate, safe, and efficient transportation facilities and services for the movement of people and goods at reasonable cost. The provision of adequate transportation services for persons not now adequately served by any transportation mode, particularly the disadvantaged, the elderly, the handicapped, and the young, should be an integral element of the planning process. Stimulation of the provision of transportation not only for speed and efficiency of travel, but also for convenience and enjoyment in shopping, school, cultural, and business pursuits, leisure time travel, and pedestrian travel, is also a state aim. It is the desire of the state to provide a transportation system that significantly reduces hazards to human life, pollution of the atmosphere, generation of noise, disruption of community organization, and adverse impacts on the natural environment. The desirability of utilizing corridors for multimodal transportation, where possible to improve efficiency and economy in land use, is recognized. The coastal zone should be provided with optimal transportation services consistent with local and regional goals and plans, with the objective of conserving the coastal resource. (d) The responsibilities for decisionmaking for California’s transportation systems are highly fragmented. This has hampered effective integration of transportation planning and intermodal coordination. A comprehensive multimodal transportation planning process should be established which involves all levels of government and the private sector in a cooperative process to develop coordinated transportation plans. (e) Accelerating change and increasing transportation problems require that California take timely action to maintain viable transportation systems. As long lead times are necessary to develop transportation systems, the planning and development of transportation in California should be coordinated by a Department of Transportation. A multimodal transportation department in state government is in keeping with the necessities of contemporary problems and the thrust of federal involvement. However, there is no intent to diminish or preempt the existing authorities and responsibilities of regional, local, and district transportation agencies in their handling of transportation matters which are local or regional in nature. (f) The stimulation, continuance, and improvement of statewide, regional, and local transportation planning and development are a matter of state concern, and the state should, for this reason, provide a portion of the financial resources and assistance necessary to aid in preparing transportation plans, developing effective transportation decisionmaking processes, and carrying out implementation programs. (Repealed and added by Stats. 1972, Ch. 1253.)
  28. 14000.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 1. Legislative Intent [14000 - 14000.6] ( Article 1 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Legislature states that California’s role in transportation is to promote mass transit, maintain a state highway system, support air transportation, develop rail passenger service, and encourage transportation research and innovation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 1. Legislative Intent [14000 - 14000.6] ( Article 1 added by Stats. 1972, Ch. 1253. ) ## 14000.5. The Legislature further finds and declares that the role of the state in transportation shall be to: (a) Encourage and stimulate the development of urban mass transportation and interregional high-speed transportation where found appropriate as a means of carrying out the policy of providing balanced transportation in the state. (b) Implement and maintain a state highway system which supports the goals and priorities determined through the transportation planning process, which is in conformity with comprehensive statewide and regional transportation plans, and which is compatible with statewide and regional socioeconomic and environmental goals, priorities and available resources. (c) Assist in the development of an air transportation system that is consistent with the needs and desires of the public, and in which airports are compatible in location with, and provide services meeting, statewide and regional goals and objectives. (d) Develop a rail passenger network consistent with the needs and desires of the public, and in which the location of rail corridors and their service characteristics are compatible with statewide and regional goals and objectives, except that nothing in this section shall be construed to discourage the development of passenger rail service by privately owned carriers. (e) Encourage research and development of technological innovation in all modes of transportation in cooperation with public agencies and the private sector. (Amended by Stats. 1981, Ch. 1183, Sec. 1.)
  29. 14000.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 1. Legislative Intent [14000 - 14000.6] ( Article 1 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    This section states California’s legislative intent for transportation planning to support greenhouse gas goals, including more transparency, coordination, and better planning impact.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 1. Legislative Intent [14000 - 14000.6] ( Article 1 added by Stats. 1972, Ch. 1253. ) ## 14000.6. The Legislature further finds and declares all of the following: (a) California has established a statewide greenhouse gas emissions limit to be achieved by 2020 pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), which is equivalent to 1990 greenhouse gas emissions in the state. Senate Bill 32 (Chapter 249 of the Statutes of 2016) extended the statewide greenhouse gas emissions limit to 40 percent below 1990 levels by 2030. (b) Emissions from the transportation sector account for a significant portion of California’s greenhouse gas emissions. (c) In June 2016, the state released its transportation plan called California Transportation Plan 2040, which represented an important step toward integrating statewide long-range modal plans, key programs, and analysis tools that build on regional transportation plans, sustainable communities strategies, and rural land use visions. Yet more must be done to meet objectives of mobility and congestion management consistent with the state’s greenhouse gas emission limit and air pollution standards. (d) The Legislature intends that subsequent transportation plans improve transparency, interagency coordination, and the impact of California’s transportation investments and planning to meet the objectives set forth in this section. (Amended by Stats. 2019, Ch. 605, Sec. 1. (AB 285) Effective January 1, 2020.)
  30. 14001.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The provision states that the Department of Transportation exists within the Transportation Agency, and that references to the Department of Public Works in laws or regulations are treated as references to the Department of Transportation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14001. There is in the Transportation Agency a Department of Transportation. Any reference in any law or regulation to the Department of Public Works shall be deemed to refer to the Department of Transportation. (Amended by Stats. 2013, Ch. 352, Sec. 285. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  31. 14002.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Department of Transportation is under the control of the Director of Transportation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14002. The department is under the control of an executive officer known as the Director of Transportation. (Repealed and added by Stats. 1972, Ch. 1253.)
  32. 14002.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    This section defines key terms used in this part of the Government Code.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14002.5. As used in this part, unless the context otherwise requires: (a) “Department” means the Department of Transportation. (b) “Director” means the Director of Transportation. (c) “Secretary” means the Secretary of Transportation. (d) “Board” or “commission” means the California Transportation Commission. (e) “Displaced worker” means individuals eligible for assistance pursuant to Section 15076 of the Unemployment Insurance Code. (Amended by Stats. 2013, Ch. 352, Sec. 286. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  33. 14003.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Governor appoints the director, but the appointment must be confirmed by the Senate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14003. The director is appointed by the Governor, subject to confirmation by the Senate, and holds office at the pleasure of the Governor. The annual salary of the director is provided for by Chapter 6 (commencing with Section 11550), Part 1 of this division. (Repealed and added by Stats. 1972, Ch. 1253.)
  34. 14005.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The director must carry out the department’s duties, powers, jurisdiction, responsibilities, and purposes, unless another law expressly provides otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14005. The director shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the department, except as otherwise expressly provided by law. (Repealed and added by Stats. 1972, Ch. 1253.)
  35. 14006.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    A Deputy Director of Transportation must be appointed by the Governor on the director’s recommendation, serves at the director’s pleasure, and the director fixes the annual salary and assigns duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14006. There shall be within the department the position of Deputy Director of Transportation. The deputy director is appointed by the Governor, upon recommendation of the director, and shall serve at the pleasure of the director. The annual salary shall be fixed by the director in accordance with law. The deputy director shall have such duties as may be assigned to him by the director and he shall be responsible to the director for the performance of those duties. (Added by Stats. 1972, Ch. 1253.)
  36. 14007.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The director must organize the department, and may change its divisions only with approval from the Governor and the secretary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14007. For the purpose of administration, the director shall organize the department with the approval of the Governor and the secretary in the manner that they deem necessary properly to segregate and conduct the work of the department. The work of the department shall be divided into at least five divisions, known as the Division of Highways, Division of Aeronautics, Division of Mass Transportation, Division of Procurement and Services, and the Legal Division. With the approval of the Governor and the secretary, the director may create, change, or abolish such other divisions and subdivisions as may be necessary. Any reference in any law or regulation to the Division of Bay Toll Crossings shall be deemed to refer to the department. (Amended by Stats. 1993, Ch. 272, Sec. 5. Effective August 2, 1993.)
  37. 14007.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Department of Transportation’s Division of Rail must develop a comprehensive rail passenger system and prepare the related development plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14007.1. (a) There is in the Department of Transportation the Division of Rail, which is responsible for the development of a comprehensive rail passenger system and the preparation of the rail passenger development plan required pursuant to Section 14036. (b) An undersecretary of the agency shall be assigned to give attention to rail matters to ensure that the rail passenger system and plan are carried out. (c) It is the intent of the Legislature that the commission give high priority to the implementation of the rail passenger system and plan. (Amended by Stats. 1990, Ch. 1490, Sec. 2.)
  38. 14007.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Department of Transportation must maintain a Spaceport Office to seek federal funding for commercialization of private space activities in California, and it should do so using existing resources without asking for a budget increase.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14007.2. (a) There is in the Department of Transportation a unit, known as the Spaceport Office, whose primary responsibility is to seek and obtain federal funding for the commercialization of private space activities in California. (b) It is the intent of the Legislature that the responsibilities assigned to the department by this section be carried out with existing resources not exceeding the equivalent of one personnel year annually, and that the department not request an increase in its budget for this purpose. (Added by Stats. 1993, Ch. 1005, Sec. 1. Effective January 1, 1994.)
  39. 14007.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The director must appoint a Chief Advisor on Bicycling and Active Transportation, who must advise the department and serve as a contact point on bicycle transportation, safety, and infrastructure issues.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14007.3. (a) The director shall appoint a Chief Advisor on Bicycling and Active Transportation, who shall serve as the department’s primary advisor on all issues related to bicycle transportation, safety, and infrastructure. (b) The Chief Advisor on Bicycling and Active Transportation shall do all of the following: (1) Serve as a point of contact for stakeholders and the public to provide concerns and suggestions related to bicycle transportation, safety, and infrastructure. (2) Serve as a point of contact for local officials on issues related to bicycle transportation, safety, and infrastructure to ensure that bicycling avenues are up to date and follow correct regulations. (3) Coordinate with the director, deputy directors, and assistant directors within the department on issues, including, but not limited to, legislative affairs, public affairs, sustainability, and active transportation. (c) The primary goal for the Chief Advisor on Bicycling and Active Transportation shall be to lower bicycle and pedestrian deaths and to increase public access through proper infrastructure development, better allocation of resources, and promotion of active transportation. (Added by Stats. 2023, Ch. 617, Sec. 1. (SB 538) Effective January 1, 2024.)
  40. 14008.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department takes over the duties, powers, purposes, responsibilities, and jurisdiction of the listed agencies, except functions and duties reserved to the board in Section 13990.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14008. The department succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction vested in the Department of Aeronautics, the Department of Public Works, and the Office of Transportation Planning and Research, with the exceptions of those functions and duties reserved to the board in Section 13990.6 on July 1, 1973. (Added by Stats. 1972, Ch. 1253.)
  41. 14010.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must take possession and control of listed property and records tied to transferred transportation-related functions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14010. The department shall have the possession and control of all licenses, permits, leases, agreements, contracts, orders, claims, judgments, records, papers, equipment, supplies, bonds, moneys, funds, appropriations, buildings, land and other property, real or personal, held for the benefit, use, or obligation of the Department of Aeronautics, the Department of Public Works, and the Office of Transportation Planning and Research in connection with the functions of those organizations that are transferred to or vested in the department. (Repealed and added by Stats. 1972, Ch. 1253.)
  42. 14011.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may spend appropriated money for administering laws assigned to it, including support or maintenance of appropriate state agencies within the department, and those expenditures must be made according to law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14011. The department may expend money appropriated for the administration of the laws the enforcement of which is committed to the department. The department may expend such money for the use, support, or maintenance of any appropriate state agency within the department. Such expenditures by the department shall be made in accordance with law in carrying on the work for which the appropriations were made. (Repealed and added by Stats. 1972, Ch. 1253.)
  43. 14012.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The director may sell or lease excess right-of-way parcels to municipalities or other local agencies for public purposes, and the department must notify specified state agencies of excess property every quarter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14012. (a) The director may sell or lease excess right-of-way parcels to municipalities or other local agencies for public purposes, and may accept as all or part of the consideration for such sale or lease any substantial benefits the state will derive from the municipality or other local agency’s undertaking maintenance or landscaping costs that would otherwise be the obligation of the state. (b) For the purposes of Section 9 of Article 19 of the California Constitution, the department shall notify, on a quarterly basis, the State Coastal Conservancy, the Department of Parks and Recreation, the Wildlife Conservation Board, and the Department of Fish and Game of excess property. (Amended by Stats. 2007, Ch. 375, Sec. 2. Effective January 1, 2008.)
  44. 14013.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The director may lease nonoperating highway right-of-way areas to local governments for public purposes, contribute to park and recreation development on those areas, accept related benefits as consideration, and the department may classify some right-of-way as nonoperating.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14013. The director may lease nonoperating right-of-way areas to municipalities or other local agencies for public purposes, and may contribute toward the cost of developing local parks and other recreational facilities on such areas. The director may accept as all or part of the consideration for such lease or for such state contribution any substantial benefits the state will derive from the municipality or other local agency’s undertaking maintenance or landscaping costs which would otherwise be the obligation of the state. Such leases shall contain a provision that whenever the leased land is needed for state highway operating purposes the lease shall terminate. The department is authorized to classify portions of state highway right-of-way as nonoperating. (Added by Stats. 1972, Ch. 1253.)
  45. 14014.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The director may authorize refunds of money the department received or collected in certain cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14014. The director may authorize the refund of moneys received or collected by the department in payment of fees, licenses, permits, tools, or for rentals, property or services, wherein the license, permit, rental, property or service cannot lawfully be issued, furnished, or transferred to the person making the payment, or in cases where the payment in whole or in part represents overpayment or payment in duplicate. (Added by Stats. 1972, Ch. 1253.)
  46. 14015.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    This section lets the Director of General Services arrange financing and acquisition of certain office and parking property for the Department of Transportation, and sets cost, reporting, sale, and planning requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14015. (a) The Director of General Services, as agent for the Department of Transportation, may enter into an agreement to purchase, lease-purchase, or lease with an option to purchase real property in the San Francisco Bay area for the purpose of financing, refinancing, and acquiring office and parking facilities, and any other improvements, betterments, and facilities related thereto in order to allow full occupancy by August 30, 1993. The total purchase price, excluding financing costs, shall not exceed one hundred million dollars ($100,000,000) plus all costs of financing, including, but not limited to, interest during acquisition or construction of these facilities, interest payable on any interim loan from the Pooled Money Investment Account pursuant to Section 16312 or 16313, a reasonably required reserve fund, and the costs of issuance of interim financing or permanent financing after completion of the construction or acquisition of these facilities. In selecting a site or sites for office space and parking facilities, the department shall give consideration to sites located in the East Bay region, including the City of Oakland. Criteria used in the evaluation of prospective sites shall include an economic evaluation of locating in a new or existing state office building in the East Bay region. (b) The total cost of financing the net cost of acquiring the building and facilities described in subdivision (a), including the costs of modifications and operation, shall not exceed the total avoided costs of leasing and occupying those buildings and facilities currently occupied by the Department of Transportation which will no longer be occupied once the building and facilities described in subdivision (a) are occupied. “Net cost” means the cost of acquiring the building and facilities described in subdivision (a), including financing costs, less the amount realized from the disposition of the existing office building. “Avoided costs” mean those costs the Department of Transportation would have incurred if it continued to occupy the buildings and facilities which would no longer be occupied as a result of the acquistion of the building and facilities described in subdivision (a). In order to ensure that the requirements of this subdivision are met, the Department of Transportation shall provide the Joint Legislative Budget Committee with a report concerning the cost-effectiveness required by this section at least 30 days prior to entering into any purchase agreement. (c) Pursuant to Section 5702, the Treasurer is hereby authorized to sell certificates of participation, lease revenue bonds, or any other approved form of obligations in connection with the financing, refinancing, and acquisition described in subdivision (a). (d) The Department of Transportation shall take all necessary actions to ensure that its annual budget includes all payments which may be necessary to satisfy the obligation for the office facilities purchased pursuant to subdivision (a). (e) Following the acquisition and occupation of the building and facilities described in subdivision (a), the Department of Transportation shall sell the office building at 150 Oak Street in San Francisco. The net proceeds of that sale shall be applied toward any obligations undertaken by the Director of General Services pursuant to subdivision (a). (f) If the new offices of the Department of Transportation are to be located in a new state office building, the Director of General Services may sell the existing state office building located at 1111 Jackson Street in the City of Oakland and the Department of General Services shall commence preliminary planning for the construction of the new state office building in the East Bay region. (g) Notwithstanding subdivision (a), the office and parking facilities acquired by the Department of General Services pursuant to subdivision (a) shall be and remain under the jurisdiction and control of, and shall be operated and maintained by, the Department of Transportation. Construction or acquisition of any office and parking facilities utilizing the financing methods authorized by subdivision (a) shall be done by the Department of General Services as agent of the Department of Transportation. The Department of General Services, in consultation with the Department of Transportation, may contract with a construction manager and others for construction and other services related to the construction of the office and parking facilities financed pursuant to subdivision (a). (Amended by Stats. 1989, Ch. 533, Sec. 1.)
  47. 14016.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Director of General Services may make real-property deals in San Bernardino for Transportation Department office and parking facilities, and Transportation must budget for the payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14016. (a) The Director of General Services, as agent for the Department of Transportation, may enter into an agreement to purchase, lease-purchase, or lease with an option to purchase or exchange real property in the City of San Bernardino for the purpose of providing office and parking facilities, and any other improvements, betterments, and facilities related thereto, in order to allow consolidation of the offices of the Department of Transportation in the Riverside/San Bernardino region. (b) The Department of Transportation shall take necessary actions to ensure that its annual budget includes all payments which may be necessary to satisfy the obligation for the office and parking facilities authorized pursuant to subdivision (a). (c) Following the procurement and occupancy of the building and facilities described in subdivision (a), the Department of Transportation may lease or sell the office building at 247 West 3rd Street in the City of San Bernardino. The net proceeds of that lease or sale shall be applied toward any obligations undertaken pursuant to subdivision (a). (d) Notwithstanding subdivision (a), the office and parking facilities obtained by the Department of General Services pursuant to subdivision (a) shall be and remain under the jurisdiction and control of, and shall be operated and maintained by, the Department of Transportation. Construction or acquisition of any office and parking facilities utilizing the financing methods authorized by subdivision (a) shall be done by the Department of General Services as agent of the Department of Transportation. The Department of General Services, in consultation with the Department of Transportation, may contract for design, design/build, and construction, construction management, and other services related to the design and construction of the office and parking facilities obtained pursuant to subdivision (a). (Added by Stats. 1993, Ch. 430, Sec. 1. Effective September 22, 1993.)
  48. 14017.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must work with the California Workforce Development Board to support California’s high road construction careers program and reserve at least $50 million in federal funds for it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 2. Administration [14001 - 14017] ( Article 2 added by Stats. 1972, Ch. 1253. ) ## 14017. The department shall work in partnership with the California Workforce Development Board to support California’s high road construction careers program. The department shall reserve a minimum aggregate total of fifty million dollars ($50,000,000) of federal funds from the federal Infrastructure Investment and Jobs Act (Public Law 117-58) to be allocated over four years in support of the program. (Added by Stats. 2023, Ch. 61, Sec. 1. (SB 150) Effective July 10, 2023.)
  49. 14031.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Governor, the secretary, and the department may take steps to receive and spend federal funds for mass transportation projects, and the department may also do related research and technical studies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14031. The Governor, the secretary, and the department may enter into such agreements, execute such documents, establish and manage such accounts and deposits, and take any other action that may be appropriate, in accordance with federal law and rules and regulations, to receive and expend funds from the federal government in connection with mass transportation programs and projects for which federal funds are available. The department may undertake mass transportation research, development, and demonstration projects and perform technical studies related thereto, in accordance with applicable state or federal laws. (Added by Stats. 1976, Ch. 1270.)
  50. 14031.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    State and local agencies may give a bidding preference for federally funded transit projects when a bidder exceeds Buy America requirements, and the Department of General Services has sole authority to set related policies and procedures for state agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14031.1. In accordance with federal regulation (49 C.F.R. 661.21), the state or a local agency, relative to the use of federal funds for transit purposes, shall be authorized to provide a bidding preference to a bidder if the bidder exceeds Buy America requirements applicable to federally funded transit projects. The state and each local agency shall have the discretion to apply those preferences. The Department of General Services shall have the sole authority to establish policies and procedures for use of this section by state agencies, as defined in Section 11000. (Added by Stats. 2011, Ch. 405, Sec. 2. (AB 1097) Effective January 1, 2012.)
  51. 14031.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    This section creates the Mass Transit Revolving Account, moves $1,000,000 into it, lets the department make certain allocations for vehicle advance purchases, and requires the department to keep allocation records.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14031.5. (a) The Mass Transit Revolving Account is hereby created in the State Transportation Fund. The sum of one million dollars ($1,000,000) is hereby transferred from the Transportation Planning and Development Account to the Mass Transit Revolving Account and appropriated to the department for expenditure for effectuating the purposes of the Urban Mass Transportation Act of 1964, as amended. (b) Allocations may be made by the department from the Mass Transit Revolving Account to an applicant for the advance purchase of vehicles for programs reimbursable from the funds available from the Urban Mass Transportation Act, as amended, when such advance purchase will eliminate unnecessary delays in the procurement, purchase, and delivery of the vehicles. (c) The department shall keep a record of all allocations pursuant to subdivision (b) and the account shall be reimbursed in full from the federal funds and local funds. (d) The provisions of this section shall only be utilized during those fiscal years in which federal funds are available under the Urban Mass Transportation Act, as amended. (Added by Stats. 1979, Ch. 782.)
  52. 14031.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Governor must include specified transportation appropriations in the Budget Bill, and the department must request funding for certain commuter and intercity rail capital projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14031.6. (a) The Governor shall include in the Budget Bill an appropriation from the Transportation Planning and Development Account in the State Transportation Fund or from other appropriate sources to subsidize the operating costs of commuter and intercity passenger services pursuant to Section 14035 and an appropriation for capital outlay improvements to, and rolling stock for, intercity routes pursuant to Section 14038. (b) The department shall request funding for capital improvements to commuter routes to which it provides subsidies through the transit capital improvement process established by Section 99317 of the Public Utilities Code. (c) The department shall request funding for capital improvements and rolling stock for intercity rail passenger routes pursuant to Sections 14035 and 14038 through the transit capital improvement process established by the Public Utilities Code. (d) This section does not apply to funds made available from general obligation bonds issued for purposes of Section 164.55 of the Streets and Highways Code. (Amended by Stats. 1990, Ch. 807, Sec. 1.)
  53. 14031.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    Before allocating funds for a recommended new service, the department must submit a report to the commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14031.7. Prior to any allocation pursuant to subdivision (b) of Section 14031. 6, for any recommended new service, the department shall submit a report to the commission consisting of the following: (a) The speeds and other service attributes needed. (b) Needed facilities and manpower specifications. (c) The avoidable costs of direct services joint-use arrangements, capital facilities, and other necessary arrangements. (d) An estimate of total costs for proposed services. (e) An inventory and evaluation of other existing transportation services in the corridor. (f) The market potential encompassing modal diversion and operating revenues. (g) For any commuter service, the compatibility of the service with the affected regional transportation plan. During the preparation of this report, the department shall draw upon the resources of the Public Utilities Commission and any other available resource. This report shall become a part of the department’s proposed state transportation improvement program. (Amended by Stats. 1982, Ch. 732, Sec. 1. Effective September 8, 1982.)
  54. 14031.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Secretary of Transportation must set funding levels and performance standards for intercity passenger rail, and feeder bus services cannot be terminated unless they fail a cost-effectiveness standard.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14031.8. (a) The Secretary of Transportation shall establish, through an annual budget process, the level of state funding available for the operation of intercity passenger rail service in each corridor. (b) Where applicable, operating funds shall be allocated by the secretary to the joint powers board in accordance with an interagency transfer agreement that includes mutually agreed-upon rail services. Funds for the administration and marketing of services, as appropriate, shall also be transferred by the secretary to the joint powers board, subject to the terms of the interagency agreement. (c) The joint powers board or local or regional entities may augment state-provided resources to expand intercity passenger rail services, or to address funding shortfalls in achieving agreed-upon performance standards. The joint powers board or local or regional agencies may, but shall not be required to, identify and secure new supplemental sources of funding for the purpose of expanding or maintaining intercity rail passenger service levels, which may include state and federal intercity rail resources. Local resources may be available to offset any redirection, elimination, reduction, or reclassification by the state of state resources for operating intercity passenger rail services identified in subdivision (b) only if the local resources are dedicated by a vote of the local agency providing funds, with the concurrence of the joint powers board. (d) The department may provide any support services as may be mutually agreed upon by the joint powers board and the department. (e) Operating costs shall be controlled by dealing with, at a minimum, the Amtrak cost allocation formula and the ability to contract out to Amtrak or other rail operators as a part of federal legislation dealing with Amtrak reauthorization. (f) (1) Not later than June 30, 2014, the secretary shall establish a set of uniform performance standards for all corridors and operators to control cost and improve efficiency. (2) To the extent necessary, as determined by the secretary, performance standards may be modified not later than July 30, 2015, or the effective date of the interagency transfer agreement, whichever comes first. (3) Feeder bus services that provide connections for intercity rail passengers shall not be terminated unless the bus services fail to meet the cost-effectiveness standard described in paragraph (3) of subdivision (a) of Section 14035.2. (Amended by Stats. 2013, Ch. 352, Sec. 287. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  55. 14032.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must provide reports and analyses to the commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14032. The department shall provide reports and analyses for the commission on all of the following: (a) The review and evaluation of regional transportation plans and improvement programs for the identification of conflicts between such plans and programs. (b) The identification and analysis of current and potential future issues of importance to transportation within the state. (c) The preparation of an annual and of a five-year estimate of all federal and state funds available to each region for transportation improvements. (d) The preparation of special studies as requested by the commission. (e) Other matters as requested by the commission. (Added by Stats. 1977, Ch. 1106.)
  56. 14032.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may help regional transportation planning agencies prepare regional transportation plans and improvement programs by providing technical services and other assistance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14032.5. The department may assist regional transportation planning agencies with the preparation of regional transportation plans and improvement programs by providing technical services and other assistance as determined by the director and the transportation planning agency as necessary for the timely and comprehensive discharge of the responsibilities of the transportation planning agency. (Added by Stats. 1977, Ch. 1106.)
  57. 14032.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must collect, analyze, and summarize highway congestion data and provide it on request.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14032.6. The department shall, within existing resources, collect, analyze, and summarize highway congestion data and make it available upon request to California regional transportation planning agencies, congestion management agencies, and transit agencies. (Added by Stats. 2002, Ch. 392, Sec. 1. Effective January 1, 2003.)
  58. 14032.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must publish and share an annual list of certain transportation projects, and the commission must review and adopt it each year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14032.7. The department shall publish annually a list of major new facility projects, exclusive public mass transit guideway projects, and operational improvement projects that are beyond the five-year program for the expenditure of state transportation funds, as set forth in the state transportation improvement program. The list shall be made available to the commission, each transportation planning agency, and each county transportation commission not later than January 10th of each year. Not later than April 1st of each year, every transportation planning agency may comment on the projects contained in the list and submit such comments to the commission. After taking into consideration the department’s list and the comments submitted by the transportation planning agencies, the commission shall review the list and may make any changes, including additions or deletions, to the list. The commission shall adopt the list on or before July 1st of each year. On January 1, 1981, and quarterly thereafter, the department shall provide the report concerning the project development schedule and the advertising schedule as required pursuant to Section 2 of Chapter 1060 of the Statutes of 1979 to each transportation planning agency and each county transportation commission. (Added by Stats. 1980, Ch. 340.)
  59. 14033.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must update the Highway Design Manual to include the complete streets design concept by January 1, 2018.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14033. On or before January 1, 2018, the department shall update the Highway Design Manual to incorporate the “complete streets” design concept. (Added by Stats. 2017, Ch. 5, Sec. 3. (SB 1) Effective April 28, 2017.)
  60. 14034.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must consult affected county transportation commissions and transportation planning agencies when planning a proposed commuter rail service, and those agencies must get at least 20 days’ notice before an allocation is considered at a public hearing. They may also review and comment on the priority list at a public hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14034. (a) During the planning and development of any proposed commuter rail service, the department shall consult with the county transportation commission and the transportation planning agency affected by any such proposal. (b) County transportation commissions and transportation planning agencies may review and comment during a public hearing on the priority list specified in Section 14538. (c) Prior to any allocation pursuant to Section 14031.6, county transportation commissions and transportation planning agencies shall be notified at least 20 days before any such allocation is considered by the commission at a public hearing. (Amended by Stats. 1984, Ch. 116, Sec. 1.)
  61. 14035.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may make rail passenger service contracts and may build, lease, improve, or operate certain rail passenger terminals and related facilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035. (a) The department may enter into contracts with the National Railroad Passenger Corporation under Section 403(b) of the Rail Passenger Service Act of 1970, or any successor statute, to provide commuter and intercity passenger rail services. The contracts may include, but are not limited to, the extension of intercity passenger rail services or the upgrading of commuter rail services. (b) The department may contract with railroad corporations for the use of tracks and other facilities and the provision of passenger services on terms and conditions as the parties may agree. (c) The department may construct, acquire, or lease, and improve and operate, rail passenger terminals and related facilities that provide intermodal passenger services along the following corridors: the San Diego-Los Angeles-Santa Barbara corridor, the San Francisco-San Jose-Monterey corridor, the Los Angeles-Riverside-San Bernardino-Calexico corridor, the San Jose-Oakland-Sacramento-Reno corridor, the Los Angeles-Bakersfield-Fresno-Stockton-Sacramento-Oakland corridor, the Sacramento-Larkspur-Novato-Cloverdale corridor, and the Los Angeles-Santa Barbara-Oakland-Sacramento-Redding corridor. (d) The department may enter into a contract with the National Railroad Passenger Corporation to provide additional trains over the San Joaquin route running between Bakersfield and Oakland and to extend the existing route to Sacramento. (e) The Transportation Agency for Monterey County may be a party to any contract entered into under this section between the department and the National Railroad Passenger Corporation for passenger rail service along the San Francisco-San Jose-Monterey corridor. (Amended by Stats. 2024, Ch. 226, Sec. 1. (AB 3278) Effective January 1, 2025.)
  62. 14035.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    Commuter rail service must be provided between San Jose and Gilroy once the conditions in Section 14035.4(a) are completed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035.1. Commuter rail service shall be provided to the communities between San Jose and Gilroy if the conditions specified in subdivision (a) of Section 14035.4 are completed. Upon the completion of those conditions, the powers and duties of the Department of Transportation with respect to the San Francisco Peninsula commuter rail service shall apply to the San Jose-Gilroy segment. (Added by Stats. 1989, Ch. 922, Sec. 1.)
  63. 14035.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department is intended to adopt and implement feeder bus service policies, and if federal rural transit funds are available for intercity services, it must use them for appropriate intercity feeder bus services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035.2. (a) It is the intent of the Legislature that the department adopt and implement the following policies applicable to the operation of feeder bus service provided by the department to and from rail terminals : (1) Comprehensive marketing strategies to promote, in a cost-effective manner, ridership on intercity rail and feeder bus routes, including notification to the public of new routes and services and modifications to schedules affecting existing routes and services. (2) Marketing new routes and services prior to the first day of service to avoid low ridership, similar to the marketing approach taken by major airlines with respect to new services. (3) Implementation of feeder bus services based on evaluations of ridership needs and estimated break-even points. For this purpose, break-even points would be determined by conceptually assigning to a bus service all estimated revenue generated by a feeder bus passenger on the bus and train portions of a trip, and routes that fail to reach break-even points within a reasonable time period would be restructured or discontinued. (4) Monitoring of feeder bus services to ensure that routes are operated, generally and individually, in a cost-effective manner, that they continue to respond to ridership needs, that bus stops are adequately signed and are located near public telephones, and that they promote and enhance a growing interest in the state’s intercity rail program. (b) If federal rural transit funds are available to the department for intercity services, the department shall use those funds in support of appropriate intercity feeder bus services that are coordinated to meet intercity rail services at train stations and associated capital facilities. (Repealed and added by Stats. 1992, Ch. 610, Sec. 2. Effective January 1, 1993.)
  64. 14035.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may ask a railroad corporation to improve operating efficiency, and the railroad corporation must respond within 30 days. If the railroad corporation does not respond or refuses, the Public Utilities Commission must order the efficiencies within 60 days after the department applies, if a public hearing shows they are needed for safety, continued service, or expanded service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035.3. The department may request a railroad corporation under contractual obligation to the department for services to institute operating efficiencies, other than with respect to the size of operating crews, in connection with the service under contract. The railroad corporation shall respond to the department’s request within 30 days after the initial request. In the event of a failure to respond, or refusal by the railroad corporation to effect those operating efficiencies, the Public Utilities Commission, within 60 days after application by the department, shall order the institution of operating efficiencies, if it finds, after a public hearing, that the efficiencies are necessary for the preservation of safety, for the continuation of the service, or for the expansion of service. (Added by Stats. 1981, Ch. 1183, Sec. 10.)
  65. 14035.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must request the involvement and cooperation of affected local agencies and passenger carriers for decisions about intermodal passenger facilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035.4. The department shall request the involvement and cooperation of affected local agencies and public and private passenger carriers in decisions relative to the acquisition, development, and operation of intermodal passenger facilities. (Added by renumbering Section 14035.6 (as added by Stats. 1980, Ch. 568) by Stats. 1994, Ch. 1220, Sec. 7. Effective September 30, 1994.)
  66. 14035.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may contract for feeder and intercity bus services, fund certain scheduled bus services, and build, lease, improve, and operate bus terminals and related facilities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035.5. The department may enter into contracts with common carriers, as defined by Section 211 of the Public Utilities Code, or with any corporation, partnership, or person to provide feeder services to and from rail passenger terminals or intercity bus transportation. In contracting for intercity bus transportation, the department may fund fixed route, scheduled services which primarily provide service between nonurbanized communities and passenger air terminals with 1980 volumes of 1,000,000 passengers or less. “Nonurbanized community” means any city or territory which does not meet the criteria for an “urbanized area,” as defined by the Bureau of Census of the United States Department of Commerce on page 66185 in Number 195 of Volume 45 of the Federal Register for October 6, 1980. The department may construct, acquire or lease, improve, and operate bus passenger terminals and related facilities which provide intermodal passenger services. (Amended by Stats. 1981, Ch. 843, Sec. 1.)
  67. 14035.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must encourage intercity rail and passenger motor carriers to coordinate services, and joint powers authorities have several duties when arranging publicly funded motor carrier connections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035.55. (a) To the extent permitted by federal law, the department shall encourage intercity passenger rail providers and motor carriers of passengers to do both of the following: (1) Combine or package their respective services and facilities to the public as a means of improving intercity transportation services to the public. (2) Coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation to and from connecting points of passenger rail service. (b) (1) The department may provide funding to a joint powers authority responsible for the administration of an intercity passenger rail service for the purpose of entering into a contract with Amtrak or a public or private motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes connecting to intercity rail service. (2) The joint powers authority shall, before entering into a contract with a private motor carrier of passengers, consult with and consider relevant local and regional public transit operators to determine if a local or regional public transit operator can provide the planned service and to attempt to avoid conflicts with existing public transit services. (3) Before contracting for motor carrier connections to or from an intercity rail service pursuant to this subdivision, a joint powers authority shall make a good faith effort to coordinate with private motor carrier services to provide timely connections with intercity rail services, including through agreements to fund modifications or expansions of existing motor carrier services to better coordinate with existing rail service. (4) The joint powers authority shall document the differences, including time of day, between the proposed motor carrier services and the existing services in communities served if proposing a publicly funded motor carrier service pursuant to this subdivision. (5) The requirements of paragraphs (2) to (4), inclusive, shall be documented, presented, and available for public comment in a public meeting of the applicable joint powers authority. (c) Motor carrier connections funded pursuant to this section may transport passengers who are not connecting to a passenger rail service. (d) State agencies and departments, public and private transit operators, intercity motor carriers of passengers, Amtrak, and joint powers authorities may enter into revenue sharing and ticket selling agreements with each other to provide for intercity transportation of passengers and connections at rail stations to and from local transit systems and intermodal and intercity motor carrier terminals. (e) (1) A joint powers authority that contracts for service pursuant to this division, in consultation with the department, shall submit a report to the Legislature on or before January 1, 2023, that shall include, but not be limited to, the number of its passengers who are transferring to intercity passenger rail service, the number of its passengers who are traveling solely on the motor carrier, the extent to which the contracted service is similar to services offered by privately operated intercity motor carriers, the impact of the publicly funded motor carrier service on privately operated motor carrier services, and any revenue sharing and ticket selling agreement entered into pursuant to subdivision (d). The report may also include any recommendations for changes to state polices to encourage increased connectivity and service quality. (2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2027, pursuant to Section 10231.5. (B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. (f) For purposes of this section, the following terms have the following meanings: (1) “Amtrak” means the National Railroad Passenger Corporation. (2) “Department” means the Department of Transportation or the department’s successor with respect to providing funds to subsidize Amtrak service. (3) “Joint powers authority” means a joint exercise of powers agency established pursuant to this chapter. (4) “Motor carrier of passengers” means a person or entity providing motor vehicle transportation of passengers for compensation. (Amended by Stats. 2019, Ch. 652, Sec. 2. (SB 742) Effective January 1, 2020.)
  68. 14035.57.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must encourage specified transit entities and carriers to create and sign a memorandum of understanding about bus service between Santa Cruz and San Jose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035.57. The department shall encourage the Santa Cruz Metropolitan Transit District, the Santa Clara Valley Transportation Authority, Amtrak, and any private motor carrier of passengers that operates regular service on the route described in subdivision (a) of Section 14035.56 to develop and execute a memorandum of understanding that addresses the long-term solutions to the transportation needs of passengers traveling by bus between the City of Santa Cruz and the City of San Jose on service operated substantially on State Highway Route 17. The memorandum shall address the necessary funding and capital needs to provide this public transit service, and other operational requirements for additional public transit service on this route. The memorandum shall also address ways that Amtrak, local public transit operators, and local private sector motor carriers of passengers may combine or package their respective services and facilities to the public as a means of improving services to the public. (Added by Stats. 2000, Ch. 788, Sec. 2. Effective September 27, 2000.)
  69. 14035.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must consider passenger carriers’ operational needs when developing or funding intermodal passenger service facilities, and must treat transportation carriers fairly when setting facility-use fees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035.65. In developing or funding intermodal passenger service facilities, the department shall give full consideration to existing and projected operational requirements of all participating passenger carriers. In setting fees for facility use assessed on passenger carriers, the department shall give fair and equitable treatment to all transportation carriers regardless of mode. (Added by Stats. 1980, Ch. 568.)
  70. 14035.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    Funds for commuter rail must match the regional transportation plan and regional transportation improvement program for the region where the funds will be spent, unless the commission makes the Section 14530 finding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035.7. Funds allocated for commuter rail purposes shall be consistent with the regional transportation plan and the regional transportation improvement program for the region in which they will be expended, unless a finding specified in Section 14530 is made by the commission. (Added by Stats. 1978, Ch. 694.)
  71. 14035.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Department of Transportation must work with the Department of Corrections to evaluate transit changes that improve prison visitor access, prioritize those services where public transit is limited, and try to coordinate implementation with new prison openings. The Department of Corrections must publicize the availability of those services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14035.9. The department shall in conjunction with the Department of Corrections evaluate the addition of stations or stops on existing bus or rail routes, or the addition of new services, which improve transportation access for visitors to prisons. The department shall give reasonable priority to stations, stops, and routes which serve visitors to prisons, particularly when alternative public transportation is minimal or nonexistent. Whenever possible, the department and the Department of Corrections shall seek to implement these services in conjunction with the opening of new prison facilities. The Department of Corrections shall publicize the availability of services provided by the department under this section. (Added by Stats. 1987, Ch. 603, Sec. 1.)
  72. 14036.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must prepare a State Rail Plan, submit it for advice to the California Transportation Commission, submit the final plan to the Transportation Agency for approval, and update the plan at least every five years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14036. (a) The department shall prepare a State Rail Plan. The plan shall be submitted to the California Transportation Commission for its advice six months prior to the submission of the plan pursuant to subdivisions (c) and (d). Pursuant to Section 22702 of Title 49 of the United States Code, the department is designated as the state rail transportation authority to prepare, maintain, coordinate, and administer the plan. (b) The plan shall contain all of the following: (1) A statement of compliance with the requirements set forth in the federal Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432; 49 U.S.C. Sec. 22701 et seq.). (2) Plans for a comprehensive and integrated statewide passenger rail system, including high-speed rail, conventional intercity and commuter rail, and connections to urban rail systems. Related to the conventional intercity passenger rail program, these plans shall include all of the following: (A) Recommendations for service levels of, and a capital program for, existing and proposed intercity passenger rail services over a 10-year period, including a list of service enhancements on existing and additional routes, with recommendations regarding funding and priority. The plans shall explain how the recommended service levels support the comprehensive and integrated passenger rail system. (B) All actual capital and operating expenditures over the prior five years. (C) All proposed capital and operating expenditures for the next five years. (D) A performance evaluation for the prior five years for each existing route. (E) A discussion of fare policies and practices. (3) A review of all high-speed rail routes, the rail freight system, conventional intercity and commuter passenger rail systems, and urban rail system connections to high-speed rail and conventional intercity and commuter passenger rail systems, including a statement of the state’s passenger rail objectives for routes in the state. (4) In consultation with the freight railroad industry, an identification of the improvements that have utility to both rail freight and passenger rail services in the state. (5) An inventory of the existing rail transportation system and rail services and facilities in the state, and an analysis of the role of rail transportation within the state’s overall transportation system. (6) A freight rail element that contains all of the following: (A) Environmental impacts that include air quality, land use, and community impacts. (B) Financing issues that include the planned means to obtain federal and state funding. (C) Rail issues that include regional, intrastate, and interstate issues. (D) Intermodal connections that include seaports and intermodal terminals. (E) A statement of current system deficiencies. (F) Service objectives that improve efficiency, accessibility, and safety. (G) New technology that includes logistics and process improvement. (H) Light density rail line analyses that include traffic density, track characteristics, project selection criteria, and benefit-cost criteria. (c) The final plan shall be submitted to the Transportation Agency for approval pursuant to Section 22702 of Title 49 of the United States Code. On or before March 1, 2017, the approved plan shall be submitted to the Legislature pursuant to Section 9795, the Governor, the Public Utilities Commission, the High-Speed Rail Authority, and the commission. (d) The plan shall be updated, at a minimum, every five years thereafter. (Repealed and added by Stats. 2013, Ch. 237, Sec. 3. (AB 528) Effective January 1, 2014.)
  73. 14036.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may market rail and bus services to college students and may work with colleges and Amtrak on materials and discount ticketing programs; it must report on these marketing activities in the rail passenger development plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14036.1. As part of its ongoing marketing activities to increase the utilization and performance of rail and bus services operated pursuant to this article, the department may seek to increase awareness of these services on the part of students attending public and private colleges and universities located in cities served by these trains and feeder buses. The department, in cooperation with public college and university systems, may develop suitable materials for regular distribution to students at the beginning of academic terms. The department may also work with the National Railroad Passenger Corporation (Amtrak) to implement student multiride discount ticketing programs designed for home to college trips, similar to programs already implemented in other states by Amtrak and the state agency responsible for intercity rail passenger service. The Legislature finds that college students, while potentially a natural market for these public transportation services, are frequently unaware of these services. Marketing activities should recognize the highly transient nature of college students and the need to continuously publicize available services using inexpensive media where appropriate. The department shall report on its marketing activities, including activities conducted pursuant to this section, in the rail passenger development plan prepared pursuant to Section 14036. (Added by Stats. 1988, Ch. 914, Sec. 2.)
  74. 14036.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must include specific federal rail funding information in the rail passenger development plan and discuss any problems affecting timely spending of those funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14036.4. The department shall report in the rail passenger development plan prepared pursuant to Section 14036 on the amount of funds available to the state under the federal rail-highway crossings program (23 U.S.C. Sec. 130), including the cash balance, funds encumbered during the last year, and amounts anticipated to be received during the subsequent year. The plan shall also discuss any issues relating to the department’s ability to spend these federal funds on a timely basis. (Added by renumbering Section 14039 (as added by Stats. 1989, Ch. 740) by Stats. 1990, Ch. 1490, Sec. 5.5.)
  75. 14036.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must arrange for complete train and bus schedule information to be published in nationwide transportation schedule publications when supporting intercity rail and feeder bus marketing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14036.5. (a) As part of its marketing activities in support of intercity rail services and associated feeder bus services, the department shall provide for complete train and bus schedule information, for services funded or otherwise coordinated by the department, to be published in existing, comprehensive nationwide transportation schedule publications for bus and rail services. The department is not required to provide for publication of the schedule information specified in subdivision (a) if complete bus and train schedules are published by the National Railroad Passenger Corporation (Amtrak) in its nationwide timetable (Form A) in addition to the department’s own California timetable. (Added by Stats. 1990, Ch. 1490, Sec. 5.)
  76. 14036.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must investigate a California Pass, and if feasible implement it, after consulting participating operating entities and submitting proposed revenue-distribution procedures to affected entities first.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14036.6. (a) The Legislature finds and declares all of the following: (1) Rail passes offering unlimited travel on certain passenger rail and associated transit services for a specified period of time and a fixed price have been a success in Europe, Canada, and Alaska. (2) A “California Pass,” valid on state-funded intercity and commuter rail lines, state-funded feeder buses, and major local transit systems would be a major benefit to tourism, while at the same time providing a package of transportation options which do not worsen highway congestion. (3) Use of a single payment mechanism makes existing mass transportation services easier to use, by eliminating the need for familiarity with multiple complex tariffs and the need for correct change. (b) The department shall investigate, and if feasible implement, a “California Pass” which would be valid, to the extent possible, for all of the following transportation services: (1) State-funded intercity rail services in the San Diego-Los Angeles, Los Angeles-Santa Barbara, Los Angeles-Fresno-bay area/Sacramento, and Sacramento-bay area rail corridors. (2) State-funded feeder buses operated in conjunction with the intercity rail services, including, but not limited to, the service operated between Merced and Yosemite National Park for the San Joaquin trains. (3) Commuter rail services. (4) Public transit services. (5) Other transportation services. (c) The department shall consider offering passes valid for travel over a specified consecutive number of days, as well as so-called “flexi-passes” valid for a specified number of days within a longer period of time. In addition, the department shall develop a procedure for distributing pass revenues to each participating operating entity, and for marketing the pass to prospective users. (d) Prior to implementing a “California Pass” program, the department shall consult with each participating operating entity. The department shall not adopt procedures for the distribution of pass revenues without first submitting the proposed procedures to each affected operating entity. (e) Nothing in this section precludes the department from implementing, as an interim measure, any marketing device to increase ridership on state-funded rail and bus services. (Amended by Stats. 2004, Ch. 193, Sec. 46. Effective January 1, 2005.)
  77. 14036.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must prioritize rail-airport connections, coordinate feeder bus service to avoid duplication, include a status report in the rail passenger development plan, and use alternative-fuel buses when feasible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14036.7. The department shall give high priority to the development of direct linkages between intercity rail passenger services and airports served by commercial airlines and to developing feeder bus linkages connecting intercity rail services and airports. The department shall coordinate its provision of feeder bus service with local and regional bus and rail services to avoid duplication of service. The department shall include in the rail passenger development plan prepared pursuant to Section 14036, a report on the status of all existing intercity rail station facilities that serve airports directly and indirectly and on the department’s activities in improving other linkages between rail service and airports. The department shall, to the extent feasible, utilize alternative-fuel buses for its feeder bus service. (Added by Stats. 1992, Ch. 599, Sec. 1. Effective January 1, 1993.)
  78. 14036.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must participate in Operation Lifesaver, work with school officials on a school assembly program, and provide warning signs in certain rail-to-school locations; railroads must install and maintain the signs when requested.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14036.8. (a) The department, using existing rail marketing funds, shall fully participate in the railroad public safety awareness program known as “Operation Lifesaver.” The department shall work with school officials to develop a school assembly program designed to enhance student awareness of the dangers of trespassing on railroad property, and the operating characteristics of trains. Initially, the school assembly program shall be implemented on the route of the department-sponsored Capitol Corridor. School officials shall cooperate with the department to identify the schools most affected by the operation of higher speed passenger trains. (b) The department shall provide appropriate signs to be posted on or adjacent to railroad property within 1,000 feet of schools where upgrading of railroad lines has resulted in an increase of operating speeds of passenger trains on those lines by 20 mph or more on or after December 1, 1991. The signs shall be designed to communicate both in words and in pictures, using internationally recognized symbols, to warn of train-related hazards. The signs shall be posted on the school side of the railroad property at a site to be determined by school officials and railroad representatives. At the request of the department, a railroad that owns the property specified in this subdivision shall install and maintain the signs. (c) For the purposes of this section, a “school” is any public school that maintains classes in kindergarten or of grades 1 to 12, inclusive. (d) The installation or maintenance of signs pursuant to this section shall not in any way affect the liability of the state or any of its agencies, officers, or employees, or of the owner of the railroad right-of-way, on account of personal injury or property damage alleged to have been caused, in whole or in part, by a sign, or the installation or maintenance of a sign, installed and maintained pursuant to this section. (Added by Stats. 1993, Ch. 1182, Sec. 1. Effective January 1, 1994.)
  79. 14036.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    This section says the California Coast Passenger Rail Corridor includes specific California counties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14036.9. The California Coast Passenger Rail Corridor consists of the Counties of Los Angeles, Monterey, San Benito, San Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, and Ventura. (Added by Stats. 1992, Ch. 1310, Sec. 1.5. Effective January 1, 1993.)
  80. 14037.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may use rail and bus operations funds for certain rail or bus facility maintenance or minor capital improvements if it decides the use would improve service operation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14037. Funds which are available to the department for rail and bus operations may be used by the department for maintenance of capital facilities related to rail or bus services provided, or for minor capital improvement projects related to rail and bus services provided, if the department determines that this use of funds would improve the operation of a service. For the purposes of this section, a project shall be determined to be a “minor capital improvement project” on the same basis that a project is determined to be a “minor highway project” by the commission. (Amended by Stats. 1989, Ch. 740, Sec. 4.)
  81. 14038.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may buy, sell, lease, acquire, design, construct, improve, and contract for rail vehicles and track-related facilities, and must deposit sale proceeds into the Passenger Equipment Acquisition Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14038. (a) The department may purchase, sell, and lease rail passenger cars and locomotives and other self-propelled rail vehicles. (b) The department may acquire, lease, design, construct, and improve track lines and related facilities, and the department may contract with the private sector for the design, improvement, or construction of track lines and related facilities. If a railroad corporation refuses to allow improvements to tracks and related facilities, the Public Utilities Commission shall, within 60 days after application by the department, order the institution of those improvements, if it finds that the improvements are necessary to the safety of the railroad corporation’s employees, passengers, customers, and the public, and the operating efficiency of the service for which they are requested. (c) Any facility or equipment acquired or improved by any entity with funds made available to it pursuant to this section shall become the property of that entity at the time and under the conditions as are agreed upon by the department in the agreement that makes the funds available to the entity. Section 10295 of the Public Contract Code does not apply to any agreement entered into pursuant to this section. (d) The department shall deposit in the Passenger Equipment Acquisition Fund, for expenditure pursuant to Section 14066, the net proceeds from the sale of rail passenger cars and locomotives and other self-propelled rail vehicles. (Amended by Stats. 2002, Ch. 438, Sec. 2. Effective January 1, 2003.)
  82. 14038.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    Rail passenger equipment used by Amtrak in state-supported rail service must prominently display the department’s logo and “California Department of Transportation,” or another identification the department approves.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14038.1. Rail passenger equipment owned by the department and operated by the National Railroad Passenger Corporation (Amtrak) in a state-supported rail service shall prominently display the department’s logo and the words “California Department of Transportation,” or other appropriate identification, as determined by the department. (Added by Stats. 1989, Ch. 740, Sec. 5.)
  83. 14038.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may acquire property for the state rail passenger program and may hire outside qualified individuals or firms for technical services if its existing workforce is not enough.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14038.2. (a) The department may acquire by purchase, lease, or eminent domain, any property necessary for the development and implementation of the state’s rail passenger program. The power of eminent domain shall be exercised in accordance with Title 7 (commencing with Section 1230.010) of the Code of Civil Procedure. (b) It is the intent of the Legislature, in enacting this section, to give significance and importance to the state rail passenger program equal to that of the state highway program, and to that end, to provide the department with the appropriate powers. (c) To the extent that the activities authorized by subdivision (a) exceed the capacity of the department’s existing work force, the department may contract with qualified individuals or firms for engineering, surveying, and related technical services in exercising its authority pursuant to subdivision (a). (Added by Stats. 1993, Ch. 1095, Sec. 2. Effective January 1, 1994.)
  84. 14038.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    If the Alameda Corridor Transportation Authority requests it, the department may use eminent domain to acquire certain railroad-owned real property in Los Angeles County for the Alameda Corridor project.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14038.3. The department may, if requested by the Alameda Corridor Transportation Authority, exercise the power of eminent domain to acquire, in the name and for the use of, the authority, real property in Los Angeles County that is owned by a railroad corporation and that is necessary, incidental, or convenient for the construction of the Alameda Corridor project. (Added by Stats. 1993, Ch. 333, Sec. 1. Effective January 1, 1994.)
  85. 14038.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may take certain rail-line planning and acquisition actions only when requested by specified transportation bodies, and some actions need commission approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14038.5. (a) The department may, at the request of a transportation planning agency, county transportation commission, or metropolitan transit development board, and subject to approval of the commission, acquire abandoned or proposed to be abandoned rail freight lines which have the potential of being rebuilt into joint freight and passenger rail transit lines. (b) The department may, if requested by a transportation planning agency, county transportation commission, or metropolitan transit development board, develop plans and specifications for the conversion of abandoned or proposed to be abandoned rail lines into freight and passenger rail transit routes. The department may contract with the private sector to develop these plans and specifications. (c) The department may, if requested by a regional planning agency, county transportation commission, or metropolitan transit development board, investigate and prepare procedures, subject to Public Utilities Commission approval, to reinstate rail passenger services in the requesting entity’s jurisdiction. (Added by Stats. 1981, Ch. 1183, Sec. 14.)
  86. 14039.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department has no authority to operate railroads.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14039. The department shall have no authority to operate railroads. (Added by Stats. 1979, Ch. 161.)
  87. 14040.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department may make a contract with a railroad corporation so that certain tracks or signaling devices paid for with state funds become the railroad corporation’s property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14040. The department may provide by contract with a railroad corporation that any tracks or signaling devices constructed, improved, repaired, or acquired with funds made available by the state on property owned or leased by the railroad corporation shall become the property of the railroad corporation. (Added by Stats. 1981, Ch. 1118, Sec. 1.)
  88. 14041.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The Alameda Corridor Transportation Authority is encouraged to work with local private industry councils to develop project-related training and job opportunities and to seek other funding sources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14041. The Alameda Corridor Transportation Authority is encouraged to coordinate with local private industry councils in service delivery areas to develop training programs and employment opportunities under the federal Job Training Partnership Act (29 U.S.C. Sec. 1501 et seq.) directly related to the Alameda Corridor project and to pursue other appropriate employment and training funding sources. (Amended by Stats. 2004, Ch. 225, Sec. 24. Effective August 16, 2004.)
  89. 14050.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    State highway projects included in the required report must be those included in the five-year state transportation funding program after July 1, 1979.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14050. State highway projects to be included in the program of proposed projects report submitted to the United States Secretary of Transportation pursuant to Section 105 of Title 23 of the United States Code shall be those included in the five-year program for the expenditure of state transportation funds as set forth in the state transportation improvement program after July 1, 1979. (Added by renumbering Section 14036 by Stats. 1981, Ch. 1183, Sec. 11.)
  90. 14051.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must notify broadband-deployment organizations about certain highway projects online, must develop broadband-conduit guidelines, and must ensure conduit installation in specified funded projects in priority areas. Eligible broadband-deployment organizations may collaborate with the department after notice.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14051. (a) For purposes of this section: (1) “Broadband provider” means a facilities-based provider of broadband, as defined in Section 5830 of the Public Utilities Code. (2) “Companies or organizations working on broadband deployment” includes, but is not limited to, local governments, nonprofit organizations, cable television corporations, as defined in Section 216.4 of the Public Utilities Code, and telephone corporations, as defined in Section 234 of the Public Utilities Code. (3) “Priority area” means an area identified by the Public Utilities Commission pursuant to Section 11549.54. (b) (1) During the project planning phase of a department-led highway construction project that was initiated on or after January 1, 2017, is parallel to the highway, and involves construction methods that are suitable for installing broadband conduit, the department shall notify companies and organizations working on broadband deployment of the project on its internet website to encourage collaborative broadband installations. (2) For the purpose of supporting fiber optic communication cables, after receiving notification from the department, a company or organization working on broadband deployment may collaborate with the department to install a broadband conduit as part of the project. (3) The department, in consultation with stakeholders, on or before January 1, 2018, shall develop guidelines to facilitate the installation of broadband conduit on state highway rights-of-way. The guidelines shall address access to information on assets and collaboration on future projects. (c) The department, as part of each project funded by Item 7502-062-8506 of Section 2.00 of the Budget Act of 2021 located in a priority area, shall, in consultation with the Public Utilities Commission and broadband providers, ensure that the construction includes the installation of conduits capable of supporting fiber optic communication cables. (Amended by Stats. 2021, Ch. 659, Sec. 1. (AB 41) Effective January 1, 2022.)
  91. 14052.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must inventory certain state-owned bridges, estimate retrofit or replacement details and costs, prepare a multiyear plan, and submit it to the Governor and Legislature by January 1, 1991.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14052. (a) The department shall prepare an inventory of all state-owned bridges that are required to be strengthened or replaced in order to meet seismic safety standards which are in effect on January 1, 1991. For each bridge listed in the inventory, the department shall determine each of the following: (1) The earliest date when all necessary engineering work can be completed and construction can be started. (2) An estimate of the cost of retrofitting or replacing the bridge to conform to the applicable seismic safety standards. (b) (1) The department shall prepare a multiyear plan and schedule for completing the retrofitting or replacement of all of the bridges identified pursuant to subdivision (a). The schedule shall be based upon the department’s estimates of the shortest possible time to perform the work. (2) The plan shall include the department’s estimate of the annual cost and the total cost of carrying out the plan. (3) The department shall submit the plan and schedule, together with the cost estimates, to the Governor and the Legislature not later than January 1, 1991. (c) The Legislature intends to appropriate to the department the funds necessary to carry out subdivisions (a) and (b). (Added by Stats. 1990, Ch. 265, Sec. 2.)
  92. 14053.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. )

    Verify source ↗

    The department must create a prioritized list of certain highway projects by July 1, 2026, and submit an annual report with that list to the Legislature starting by January 1, 2027.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3. Activities [14030 - 14053] ( Article 3 added by Stats. 1972, Ch. 1253. ) ## 14053. (a) For purposes of this section, “project of statewide and regional significance” means a high-priority highway project on the state highway system that would benefit two or more counties and that satisfies the requirements of paragraphs (1) and (2). (1) Meets one or both of the following: (A) The project would improve public safety on a highway that serves as a major corridor for the movement of goods and people. (B) The project would contribute to the state’s economy by supporting key transportation routes that facilitate commerce, trade, and job growth. (2) Meets one or both of the following: (A) The project would enhance climate resilience by mitigating climate-related impacts on state highways, thereby reducing long-term infrastructure repair or replacement costs. (B) The project would address a vulnerability to a natural disaster, including, but not limited to, an earthquake, mudslide, wildfire, or another extreme climate event. (b) (1) On or before July 1, 2026, and annually thereafter, the department, in consultation with the commission and the Transportation Agency, shall create a prioritized list of projects of statewide and regional significance to better prepare the state for extreme weather-related events. Priority shall be given to projects that advance the following cobenefits, with greater priority given to projects that include more than one of the following cobenefits: (A) Enhanced safety. (B) Efficient goods movement along trade corridors. (C) Climate resiliency, including, but not limited to, water storage, access to safe drinking water, and flood mitigation. (D) Improvement to electric transmission infrastructure for electrical grid reliability. (2) The list described in paragraph (1) shall include only a project of statewide and regional significance in the project approval and environmental documentation stage or the planning, environmental, and design stage, or further along. (c) Notwithstanding Section 10231.5, on or before January 1, 2027, and annually thereafter, the department shall submit to the Legislature, in compliance with Section 9795, a report containing the prioritized list described in subdivision (b). (Added by Stats. 2025, Ch. 781, Sec. 2. (SB 695) Effective January 1, 2026.)
  93. 14055.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3.5. Elderly and Disabled Persons [14055 - 14055.4] ( Article 3.5 added by Stats. 1996, Ch. 669, Sec. 2. )

    Verify source ↗

    The section states legislative findings about transportation access for elderly persons and persons with disabilities, and identifies who may be eligible to receive related grants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3.5. Elderly and Disabled Persons [14055 - 14055.4] ( Article 3.5 added by Stats. 1996, Ch. 669, Sec. 2. ) ## 14055. The Legislature finds and declares all of the following: (a) Elderly persons and persons with disabilities have the same rights as other persons to utilize mass transportation facilities and services. (b) As administered by the state, funding under Section 5310 of Title 49 of the United States Code is dedicated to providing special transportation for elderly persons and persons with disabilities in all areas of the state, including urban, small urban, and rural areas. (c) The goal of this federal program is to improve mobility for elderly persons and persons with disabilities for whom mass transportation services are unavailable, insufficient, or inappropriate. (d) Additionally, the federal program should be coordinated with other area paratransit service providers and the consolidated transportation service agency designated pursuant to Section 15975, where applicable. (e) Within the state, those eligible to receive grants shall include all of the following: (1) Nonprofit corporations and associations which provide transportation services for elderly persons and persons with disabilities. (2) Public agencies approved to coordinate services for elderly persons and persons with disabilities, including a consolidated transportation service agency designated pursuant to Section 15975. (3) Public agencies that certify that no nonprofit corporations or associations are readily available in an area to provide the service. (Added by Stats. 1996, Ch. 669, Sec. 2. Effective January 1, 1997.)
  94. 14055.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3.5. Elderly and Disabled Persons [14055 - 14055.4] ( Article 3.5 added by Stats. 1996, Ch. 669, Sec. 2. )

    Verify source ↗

    The department must apply for certain grants and coordinate funding and administration of the available funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3.5. Elderly and Disabled Persons [14055 - 14055.4] ( Article 3.5 added by Stats. 1996, Ch. 669, Sec. 2. ) ## 14055.1. The department shall act as the applicant for grants of funds to provide mass transit services to meet the special needs of elderly persons and persons with disabilities pursuant to Section 5310 of Title 49 of the United States Code. The department shall coordinate the funding and administration of available funds as prescribed by this article. (Added by Stats. 1996, Ch. 669, Sec. 2. Effective January 1, 1997.)
  95. 14055.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3.5. Elderly and Disabled Persons [14055 - 14055.4] ( Article 3.5 added by Stats. 1996, Ch. 669, Sec. 2. )

    Verify source ↗

    The department may retain up to 5% of the annual federal apportionment to administer grants, and must allocate the rest as directed by the commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3.5. Elderly and Disabled Persons [14055 - 14055.4] ( Article 3.5 added by Stats. 1996, Ch. 669, Sec. 2. ) ## 14055.2. Funds made available to the department shall be allocated as follows: (a) Not more than 5 percent of the annual federal apportionment may be retained by the department for the cost of administering grants. (b) The remaining funds shall be allocated by the department, as directed by the commission, consistent with Section 14055. (Amended by Stats. 2004, Ch. 183, Sec. 152. Effective January 1, 2005.)
  96. 14055.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3.5. Elderly and Disabled Persons [14055 - 14055.4] ( Article 3.5 added by Stats. 1996, Ch. 669, Sec. 2. )

    Verify source ↗

    The commission must establish an appeals process.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3.5. Elderly and Disabled Persons [14055 - 14055.4] ( Article 3.5 added by Stats. 1996, Ch. 669, Sec. 2. ) ## 14055.3. The commission shall establish an appeals process. (Added by Stats. 1996, Ch. 669, Sec. 2. Effective January 1, 1997.)
  97. 14055.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3.5. Elderly and Disabled Persons [14055 - 14055.4] ( Article 3.5 added by Stats. 1996, Ch. 669, Sec. 2. )

    Verify source ↗

    Before approving its program of projects, the commission must hold at least one public hearing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 3.5. Elderly and Disabled Persons [14055 - 14055.4] ( Article 3.5 added by Stats. 1996, Ch. 669, Sec. 2. ) ## 14055.4. Prior to approving its program of projects, the commission shall hold not less than one public hearing. (Added by Stats. 1996, Ch. 669, Sec. 2. Effective January 1, 1997.)
  98. 14060.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the article, including equipment, equipment obligations, grant anticipation notes, and passenger rail capital improvements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. ) ## 14060. The following definitions apply to this article: (a) “Equipment” means rail passenger cars, locomotives, other rail vehicles, bus and van fleets, and ferryboats. (b) “Equipment obligations” means notes, equipment trust certificates, or other obligations, including grant anticipation notes, issued by the department pursuant to this article to finance the acquisition of equipment. (c) “Grant anticipation notes” means notes issued by the department in anticipation of the receipt of funds from the federal or a local government as the proceeds of grants or participation funding for which funds have been appropriated and committed to the department for equipment acquisition. (d) “Passenger rail capital improvements” includes, but is not limited to, crossings, stations, parking facilities, trackwork, maintenance facilities, and other similar facilities. (Amended by Stats. 1988, Ch. 914, Sec. 4.)
  99. 14061.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. )

    Verify source ↗

    The department may negotiate the purchase, sale, or lease of equipment without competitive bidding, and may also negotiate indemnification as market conditions require.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. ) ## 14061. The department may take all action necessary to purchase, sell, or lease equipment by negotiation without competitive bidding to take advantage of Section 168 of Title 26 of the United States Code in connection with the sale and leasing of equipment. As required, the department may negotiate indemnification with the equipment depreciation purchasers as required by market conditions. Neither the sale nor the lease of equipment pursuant to this section constitutes a sale or purchase for the purposes of the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code). Contracts for the services of financial agents, negotiators, bond counsel, and for the sales or purchases of these obligations or benefits are not subject to Chapter 6 (commencing with Section 14780) of Part 5.5. (Added by Stats. 1984, Ch. 1510, Sec. 1. Effective September 28, 1984.)
  100. 14062.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. )

    Verify source ↗

    The department may issue equipment obligations to finance equipment purchases, if authorized by a commission resolution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. ) ## 14062. (a) The department may issue equipment obligations to finance the acquisition of equipment pursuant to a resolution adopted by the commission, authorizing the issuance thereof from time to time as provided in the resolution. (b) A resolution authorizing the issuance of equipment obligations shall specify any provisions or conditions as to the form, execution, and terms of the obligations that the commission may deem appropriate, subject to this article. (c) Equipment obligations shall be payable at any time or times that the commission may determine, but not later than five years after the date of their issuance. Equipment obligations shall bear interest at any rate or rates that the commission may determine, but not exceeding 12 percent per annum, payable at any times that the commission may specify in the resolution authorizing their issuance. (d) Equipment obligations may be made subject to redemption prior to their maturity, at the option of the commission, at any price or prices that may be fixed in the resolution, not exceeding a premium of 5 percent of the par value of any obligation subject to redemption. (Added by Stats. 1984, Ch. 1510, Sec. 1. Effective September 28, 1984.)
  101. 14063.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. )

    Verify source ↗

    Grant anticipation notes may be issued only for specified grant or funding commitments, and outstanding notes must stay within the 75% limit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. ) ## 14063. (a) Grant anticipation notes shall be issued only in anticipation of a grant or funding commitment to the department which has been stated by the granting authority or agency to be contracted, committed, or appropriated and payable on a specified date or dates or upon the happening of a specified event or events. The amount of grant anticipation notes outstanding at any time shall not exceed 75 percent of the grant or funding. (b) The proceeds of the grant shall be pledged to the payment of the grant anticipation notes, and the interest thereon. The notes, and the interest thereon, shall be a first lien upon the proceeds. (c) Grant anticipation notes and the interest thereon shall be payable from the proceeds of the grant or funding in anticipation of which the notes are issued, from the Passenger Equipment Acquisition Fund, or from any other funds lawfully available therefor. (Added by Stats. 1984, Ch. 1510, Sec. 1. Effective September 28, 1984.)
  102. 14064.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. )

    Verify source ↗

    The Treasurer must sell equipment obligations after the commission adopts a resolution requesting the sale. They may be sold by public bid or private negotiated sale, and the Treasurer may sell them at up to a 5% discount. The obligations and their interest are exempt from state taxation except gift taxes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. ) ## 14064. (a) Equipment obligations shall be sold by the Treasurer, after a resolution requesting the sale has been adopted by the commission. Equipment obligations may be sold by public bid or by a private negotiated sale. The Treasurer may sell equipment obligations at a discount not to exceed 5 percent of the par value thereof. (b) Equipment obligations, and the interest thereon, are exempt from taxation in this state, except for gift taxes. (Added by Stats. 1984, Ch. 1510, Sec. 1. Effective September 28, 1984.)
  103. 14066.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. )

    Verify source ↗

    Creates the Passenger Equipment Acquisition Fund in the State Treasury and directs certain money into it for transportation-related uses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 4. Purchase, Sale, and Leasing of Passenger Transportation Vehicles [14060 - 14066] ( Article 4 added by Stats. 1984, Ch. 1510, Sec. 1. ) ## 14066. (a) The Passenger Equipment Acquisition Fund is hereby created in the State Treasury. Notwithstanding Section 13340, all moneys in the fund are continuously appropriated to the department to pay the principal of, interest on, and redemption premium, if any, on equipment obligations, to pay all costs of issuance and sale of equipment obligations, to purchase new and rehabilitate existing equipment, and for passenger rail capital improvements. (b) The net proceeds derived from the sale and leaseback of equipment made pursuant to this article shall be deposited in the fund. (Amended by Stats. 1988, Ch. 914, Sec. 5.)
  104. 14070.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5. Intercity Rail Agreements [14070 - 14070.7] ( Article 5 added by Stats. 1996, Ch. 263, Sec. 7. )

    Verify source ↗

    This section defines “Board” or “joint powers board” and “Secretary” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5. Intercity Rail Agreements [14070 - 14070.7] ( Article 5 added by Stats. 1996, Ch. 263, Sec. 7. ) ## 14070. As used in this article, the following terms have the following meanings: (a) “Board” or “joint powers board” means the governing board of a joint exercise of powers agency established pursuant to Article 5.2 (commencing with Section 14072), Article 5.4 (commencing with Section 14074), or Article 5.6 (commencing with Section 14076) for the purpose of assuming administrative responsibility for intercity passenger rail service within the respective corridor. (b) “Secretary” means the Secretary of Transportation. (Amended by Stats. 2013, Ch. 352, Sec. 288. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  105. 14070.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5. Intercity Rail Agreements [14070 - 14070.7] ( Article 5 added by Stats. 1996, Ch. 263, Sec. 7. )

    Verify source ↗

    This section lets the department transfer responsibility for intercity passenger rail service to a joint powers board if the secretary authorizes it, and it sets related timing, reporting, and performance-check requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5. Intercity Rail Agreements [14070 - 14070.7] ( Article 5 added by Stats. 1996, Ch. 263, Sec. 7. ) ## 14070.2. (a) If authorized by the secretary, the department may, through an interagency transfer agreement, transfer to a joint powers board, and the board may assume, all responsibility for administering intercity passenger rail service in the corridor, including associated feeder bus service. Upon the date specified in the agreement, the board shall succeed to the department’s powers and duties relative to that service, except that the department shall retain responsibility for developing budget requests for the service, consistent with the annual business plan as approved by the secretary for the service, through the state budget process, which shall be developed in consultation with the board, and for coordinating service in the corridor with other intercity passenger rail services in the state. (b) An interagency transfer agreement may be executed on or after June 30, 2014, but not later than June 30, 2015, subject to negotiation and approval by the state and the board. The interagency transfer agreement between the department and the board shall cover the initial three-year period after the transfer, but may be extended thereafter by mutual agreement. If an interagency agreement is not entered into on or before June 30, 2015, the secretary shall provide a report to the Governor and the Legislature on or before June 30, 2016, explaining why an acceptable agreement has not been developed, with specific recommendations for developing an acceptable interagency agreement. (c) The secretary shall require the board to demonstrate the ability to meet the performance standards established by the secretary pursuant to subdivision (f) of Section 14031.8. (Amended by Stats. 2012, Ch. 802, Sec. 4. (SB 1225) Effective January 1, 2013.)
  106. 14070.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5. Intercity Rail Agreements [14070 - 14070.7] ( Article 5 added by Stats. 1996, Ch. 263, Sec. 7. )

    Verify source ↗

    This section requires the board to submit an annual business plan, report prior-year fiscal results, and keep rail and feeder bus service at least at the specified minimum level for the first three years, while the secretary allocates state funds annually.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5. Intercity Rail Agreements [14070 - 14070.7] ( Article 5 added by Stats. 1996, Ch. 263, Sec. 7. ) ## 14070.4. (a) An interagency transfer agreement between the department and a joint powers board, when approved by the secretary, shall do all of the following: (1) Specify the date and conditions for the transfer of responsibilities and identify the annual level of funding for the initial three years following the transfer and ensure that the level of funding is consistent with and sufficient for the planned service improvements within the corridor. (2) Identify, for the initial year and subsequent years, the funds to be transferred to the board including state operating subsidies made available for intercity rail services in the corridor, and funds currently used by the department for administration and marketing of the corridor, with the amounts adjusted annually for inflation and in accordance with the business plan. (3) Specify the level of service to be provided, the respective responsibilities of the board and the department, the methods that the department will use to assure the coordination of services with other rail passenger and feeder bus services in the state, and the methods that the department will use for the annual review of the business plan and annual proposals on funding and appropriations. (4) Describe the terms of use by the board of car and locomotive train sets and other equipment and property owned by the department and required for the intercity service in the corridor including, but not limited to, the number of units to be provided, liability coverage, maintenance and warranty responsibilities, and indemnification issues. (5) Describe auditing responsibilities and process requirements, reimbursement and billing procedures, the responsibility for funding shortfalls, if any, during the course of each fiscal year, an operating contract oversight review process, performance standards and reporting procedures, the level of rail infrastructure maintenance, and other relevant monitoring procedures. (b) Use of the annual state funding allocation, as set forth in the interagency transfer agreement, shall be described in an annual business plan submitted by the board to the secretary for review and recommendation by April 1 of each year. The business plan, when approved by the secretary, shall be deemed accepted by the state. The budget proposal developed by the department for the subsequent year shall be based upon the business plan approved by the secretary. The business plan shall be consistent with the interagency agreement and shall include a report on the recent as well as historical performance of the corridor service, an overall operating plan including proposed service enhancements to increase ridership and provide for increased traveler demands in the corridor for the upcoming year, short-term and long-term capital improvement programs, funding requirements for the upcoming fiscal year, and an action plan with specific performance goals and objectives. The business plan shall document service improvements to provide the planned level of service, inclusion of operating plans to serve peak period work trips, and consideration of other service expansions and enhancements. The initial business plan shall be consistent with the immediately previous State Rail Plan developed by the department pursuant to Section 14036 and the January 2014 business plan developed by the High-Speed Rail Authority pursuant to Section 185033 of the Public Utilities Code. Subsequent business plans shall be consistent with the immediately previous plans developed by the department and the authority. The business plan shall clearly delineate how funding and accounting for state-sponsored intercity rail passenger services shall be separate from locally sponsored services in the corridor. Proposals to expand or modify passenger services shall be accompanied by the identification of all associated costs and ridership projections. The business plan shall establish, among other things: fares, operating strategies, capital improvements needed, and marketing and operational strategies designed to meet performance standards established in the interagency transfer agreement. (c) Based on the annual business plan and the subsequent appropriation by the Legislature, the secretary shall allocate state funds on an annual basis to the board. As provided in the interagency agreement, any additional funds that are needed to operate the passenger rail service during the fiscal year shall be provided by the board from jurisdictions that receive service. In addition, the board may use any cost savings or farebox revenues to provide service improvements related to intercity service. In any event, the board shall report the fiscal results of the previous year’s operations as part of the annual business plan. (d) The level of service funded by the state during the first three years following the effective date of the interagency transfer agreement shall in no case be less than the number of intercity round trips operated in a corridor and serving the end points served by the intercity rail corridor as of the effective date of the interagency transfer agreement. Subject to Section 14035.2, the level of service funded by the state shall also include feeder bus service with substantially the same number of route miles as the current feeder system, to be operated in conjunction with the trains. For that same three-year period, the board shall continue to provide at least the same level of intercity rail and feeder bus services as were in operation on the effective date of the interagency transfer agreement, except that the interagency agreement shall not prohibit the board from reducing the number of feeder bus route miles if the board determines that a feeder bus route is not cost effective as provided in Section 14035.2. (e) Nothing in this article shall be construed to preclude expansion of state-approved intercity rail service. (f) Local resources may be available to offset any redirection, elimination, reduction, or reclassification by the state of state resources for operating intercity rail services identified in subdivision (b) only if the local resources are dedicated by a vote of the local agency providing the funds, with the concurrence of the board. (Amended by Stats. 2012, Ch. 802, Sec. 5. (SB 1225) Effective January 1, 2013.)
  107. 14070.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5. Intercity Rail Agreements [14070 - 14070.7] ( Article 5 added by Stats. 1996, Ch. 263, Sec. 7. )

    Verify source ↗

    The department and a transfer-authorized entity may competitively contract for intercity passenger rail services. If a contractor runs the service, it must agree that its labor relations are governed by the federal Railway Labor Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5. Intercity Rail Agreements [14070 - 14070.7] ( Article 5 added by Stats. 1996, Ch. 263, Sec. 7. ) ## 14070.6. The department and any entity that assumes administrative responsibility for intercity passenger rail services through an interagency transfer agreement, may, through a competitive solicitation process, contract with the National Railroad Passenger Corporation (Amtrak) or with organizations not precluded by state or federal law to provide intercity passenger rail services, and may contract with rail corporations and other rail operators for the use of tracks and other facilities and for the provision of intercity passenger services on terms and conditions as the parties may agree. The department is deemed to be a third-party beneficiary of the contract, and the contract shall not contain any provision or condition that would negatively impact on or conflict with any other contracts the department has regarding intercity passenger rail services. Any entity that succeeds the department as sponsor of state-supported intercity passenger rail services through an interagency transfer agreement, is deemed an agency of the state for all purposes related to intercity passenger rail services, including Section 5311 of Title 49 of the United States Code. If the intercity passenger rail service is operated by a contractor, the contractor shall, as a condition of entering into an operating agreement with the entity, agree that its labor relations shall be governed by the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.). (Amended by Stats. 2012, Ch. 802, Sec. 6. (SB 1225) Effective January 1, 2013.)
  108. 14070.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5. Intercity Rail Agreements [14070 - 14070.7] ( Article 5 added by Stats. 1996, Ch. 263, Sec. 7. )

    Verify source ↗

    The department and the LOSSAN Rail Corridor Agency may use competitive solicitation to contract for intercity passenger rail services, and a contractor must agree that its labor relations are governed by the federal Railway Labor Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5. Intercity Rail Agreements [14070 - 14070.7] ( Article 5 added by Stats. 1996, Ch. 263, Sec. 7. ) ## 14070.7. The department and the LOSSAN Rail Corridor Agency, to the extent the agency assumes administrative responsibility for intercity passenger rail services on the LOSSAN Corridor through an interagency transfer agreement, may, through a competitive solicitation process, contract with Amtrak or with organizations authorized by state or federal law to provide intercity passenger rail services, and may contract with rail corporations and other rail operators for the use of the tracks and other facilities and for the provision of intercity passenger rail services on terms and conditions as the parties may agree. The department is deemed to be a third-party beneficiary of the contract, and the contract shall not contain any provision or condition that would negatively impact on or conflict with any other contracts the department has regarding intercity passenger rail services. The LOSSAN Rail Corridor Agency, if it succeeds the department as sponsor of state-supported intercity passenger rail services on the LOSSAN Corridor through an interagency transfer agreement, is deemed to be an agency of the state for all purposes related to intercity passenger rail services, including Section 5311 of Title 49 of the United States Code. If the LOSSAN Rail Corridor Agency or the entity providing administrative services enters into a contract for the operation of those services, the contractor shall, as a condition of entering into an operating agreement with the entity providing administrative services or the LOSSAN Rail Corridor Agency, agree that its labor relations shall be governed by the federal Railway Labor Act (45 U.S.C. Sec. 151 and following). Section 14070.6 shall not apply to the LOSSAN Corridor. (Added by Stats. 2012, Ch. 802, Sec. 7. (SB 1225) Effective January 1, 2013.)
  109. 14072.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. )

    Verify source ↗

    This section defines the LOSSAN Rail Corridor Agency and the LOSSAN Corridor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. ) ## 14072. (a) The LOSSAN Rail Corridor Agency, also known as the LOSSAN Agency, is an existing joint powers authority established to provide an organization capable of implementing the recommendations contained in the State Rail Corridor Study Group’s June 1987 report entitled “Los Angeles-San Diego State Rail Corridor Study” and undertaking related efforts to improve intercity services and facilities in the corridor and to coordinate subcorridor commuter rail services with intercity services. The LOSSAN Agency is composed of voting members, as specified in the joint powers agreement. (b) “LOSSAN Corridor” or “LOSSAN Rail Corridor” means the San Diego-Los Angeles-San Luis Obispo intercity passenger rail corridor. (Repealed and added by Stats. 2012, Ch. 802, Sec. 9. (SB 1225) Effective January 1, 2013.)
  110. 14072.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. )

    Verify source ↗

    The secretary must provide guidance, recommendations, and coordination for stakeholders to help ensure the LOSSAN Rail Corridor performs effectively.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. ) ## 14072.10. (a) The secretary shall provide guidance and recommendations to, and coordination between, stakeholders as necessary to ensure the performance of the LOSSAN Rail Corridor. (b) The responsibilities set forth in subdivision (a) shall include planning, as needed, for any of the following: (1) Service frequencies. (2) Equipment and fleet management. (3) Infrastructure improvement and state-of-good repair projects. (4) Resiliency of the corridor, including coordination with the California Coastal Commission as it relates to the California coastal zone. (Added by Stats. 2024, Ch. 777, Sec. 4. (SB 1098) Effective January 1, 2025.)
  111. 14072.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. )

    Verify source ↗

    This section applies only if the LOSSAN Agency members adopt an amended joint powers agreement and the agency later joins an interagency transfer agreement. Under those conditions, only the LOSSAN Agency operating under that amended agreement may exercise jurisdiction over intercity rail services on the LOSSAN Corridor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. ) ## 14072.2. This article shall be applicable only if the members of the LOSSAN Agency enter into an amended joint powers agreement to expand the authority of the agency to permit the administration of state-funded intercity passenger rail services on the LOSSAN Corridor, and the LOSSAN Agency thereafter elects to become a party to an interagency transfer agreement pursuant to Article 5 (commencing with Section 14070). The amended joint powers agreement shall establish the terms and conditions for the joint powers agency and is subject to the approval of the governing board of each member agency of the LOSSAN Agency. Only the LOSSAN Agency operating under the amended joint powers agreement, and not the LOSSAN Agency existing on January 1, 2013, may exercise jurisdiction over intercity rail services on the LOSSAN Corridor under an interagency transfer agreement. (Repealed and added by Stats. 2012, Ch. 802, Sec. 9. (SB 1225) Effective January 1, 2013.)
  112. 14072.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. )

    Verify source ↗

    The LOSSAN Rail Corridor Agency must include climate-change impacts and adaptation in its business plan, identify climate-resilience projects, and discuss possible funding options.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. ) ## 14072.4. As part of the business plan required by subdivision (b) of Section 14070.4 that is due by April 1, 2024, and each year thereafter, the LOSSAN Rail Corridor Agency shall do all of the following: (a) Include a description of the effects of climate change, including sea level rise and weather-related events, on the corridor, including how to adapt to its impacts. (b) Identify projects planned, as part of the capital improvement programs, to increase climate resiliency on the corridor. (c) Discuss possible funding options for the projects identified pursuant to subdivision (b), including, but not limited to, federal and state funding. (Added by Stats. 2023, Ch. 407, Sec. 1. (SB 677) Effective January 1, 2024.)
  113. 14072.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. )

    Verify source ↗

    This section requires the secretary to prepare a report on the LOSSAN Rail Corridor after a legislative appropriation, and requires a working group to make recommendations and feedback to the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. ) ## 14072.6. (a) (1) Upon appropriation by the Legislature for purposes of this subdivision, the secretary, with technical and subject matter assistance from the Secretary for Environmental Protection and the Secretary of the Natural Resources Agency, shall submit a report to the Legislature no later than two years after an appropriation is made by the Legislature for purposes of this subdivision regarding the LOSSAN Rail Corridor that includes all of the following information: (A) A baseline summary of transportation and environmental conditions in existence as of January 1, 2025, along the rail corridor. (B) Prioritized capital improvement projects in the corridor necessary to improve current services and achieve service growth, performance, and network goals consistent with the State Rail Plan prepared pursuant to Section 14036. Each prioritized capital improvement project identified pursuant to this subparagraph shall indicate in the report whether it is aligned with the near-term, mid-term, or long-term planning year horizons identified in the State Rail Plan and shall indicate in the report the specific service outcomes tied to the project. (C) Prioritized improvement projects in the corridor necessary to ensure the resiliency of both natural resources and transportation infrastructure. (D) A description of administrative actions taken by the Transportation Agency using authority in existence before January 1, 2025, to improve operations and performance of the corridor. (E) Recommendations for the corridor to connect with other passenger rail services. (F) Strategies to support and improve existing rail service and increase ridership, including a description of necessary operations funding for increased service frequencies. (G) Recommendations to achieve zero-emission state-supported intercity service, including an analysis of available technologies and necessary corridor infrastructure. The recommendations made pursuant to this subparagraph shall identify efforts by the Southern California Regional Rail Authority and the North County Transit District to achieve zero-emission services, and opportunities to coordinate those efforts and ensure interoperability between those zero-emission services. (H) Strategies and recommendations to support coastal hazard resiliency planning in the corridor. (I) A description of coordination activities through the federal Corridor Identification and Development Program established pursuant to Section 25101 of Title 49 of the United States Code. (2) In preparing the report pursuant to this subdivision, the secretary shall consult existing plans, studies, reports, and guidance for the LOSSAN Rail Corridor, including, but not limited to, the LOSSAN Rail Corridor Optimization Study, the LOSSAN Rail Corridor Agency Business Plan adopted by the LOSSAN Rail Corridor Agency, the guidance document “Critical Infrastructure at Risk: Sea Level Rise Planning Guidance for California’s Coastal Zone” adopted by the California Coastal Commission, and the report submitted to the Legislature pursuant to subdivision (c). (3) When undertaking the duties pursuant to this subdivision, the secretaries identified in paragraph (1) may consult with any other state agency, as needed for technical and subject matter assistance. (4) For projects identified pursuant to paragraph (1), the secretary shall include in the report all available funding sources, projected completion schedules for priority projects, current funding shortfalls, recommended strategies and plans to address any funding shortfall, and next steps for site-specific project analysis and environmental review documents. In identifying projects pursuant to paragraph (1), if the secretary does not identify a project that is included in the 2024 LOSSAN Rail Corridor Agency Business Plan and has approved environmental or programmatic documents, or if the secretary includes a modified version of one of those projects, the secretary shall explain in the report why the project was excluded or why the project was included in a modified version, as applicable. (b) The secretary shall convene a working group that includes, but is not limited to, representatives of all of the following entities: (1) LOSSAN Rail Corridor track owners. (2) LOSSAN Rail Corridor passenger and freight rail operators, including managing agencies, joint powers authorities, and transit districts responsible for rail services. (3) The county transportation commissions for the Counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura established pursuant to Division 12 (commencing with Section 130000) of the Public Utilities Code. (4) The metropolitan planning organizations for the Counties of Los Angeles, Orange, San Diego, San Luis Obispo, Santa Barbara, and Ventura. (5) Business, community, transportation, environmental, labor, and civic organizations. (6) The California Coastal Commission. (7) The Division of Rail in the department. (c) (1) The working group convened pursuant to subdivision (b) shall submit consensus recommendations and feedback in a report to the Legislature on or before February 1, 2026, on all of the following as necessary to ensure the long-term viability of comprehensive and coordinated passenger and freight rail services in, or that connect to, the LOSSAN Rail Corridor as of January 1, 2025: (A) Strategies to increase rail service coordination and reduce disruptions or delays, including, but not limited to, those caused by resiliency vulnerabilities, track closures, state of good repair, equipment, and staffing. The recommendations made pursuant to this subparagraph should result in improved maintenance and conditions of assets, reduced track closures, and greater on-time performance. (B) Alternative management and operations models or structures that improve intercity and regional rail services. (C) Changes to state statutes, rules, or funding necessary to improve the quality, performance, usage, management, or frequency of passenger rail services with a focus on streamlining, clarifying, and improving existing processes or procedures. In making recommendations and providing feedback pursuant to this subparagraph, the working group shall review how local and regional planning agencies responsible for recommending transportation strategies include information about train service, operations, capital projects, resiliency, and performance in their respective planning documents, including, but not limited to, sustainable communities strategies, regional transportation plans, transportation demand management plans, and long-range transportation plans. (D) Coordination of planning and project development through the federal Corridor Identification and Development Program established pursuant to Section 25101 of Title 49 of the United States Code to streamline processes and expand opportunities for federal capital funding. (2) The working group shall consider the known and expected impacts of recommendations on the coastal environment and local communities, and consider opportunities to support the coastal zone and local communities when making recommendations. (3) The working group shall recognize the ownership and rights held in the LOSSAN Rail Corridor, and past and ongoing service, operations, and capital investments made by the member agencies of the LOSSAN Rail Corridor Agency, the Southern California Regional Rail Authority, and the North County Transit District. (4) The recommendations required pursuant to this subdivision shall be developed with meaningful public engagement led by the working group convened pursuant to subdivision (b). (5) Before submitting the report to the Legislature pursuant to this subdivision, the working group shall submit the recommendations and feedback to the governing boards of the LOSSAN Rail Corridor Agency, the Southern California Regional Rail Authority, and the North County Transit District for review and consideration. A governing board described in this paragraph shall notify the secretary of any action taken in response to these recommendations or feedback and the secretary shall include all of the information provided by the governing board pursuant to that notification in the report required pursuant to this subdivision. (6) The secretary and working group may also include information in the report required pursuant to this subdivision regarding where additional follow-up discussion or action is needed. (7) The requirement for submitting a report imposed under this subdivision is inoperative on February 1, 2030, pursuant to Section 10231.5. (d) (1) The reports to be submitted pursuant to subdivisions (a) and (c) shall be submitted in compliance with Section 9795. (2) Pursuant to Section 10231.5, this section is inoperative four years after the date that the report described in subdivision (a) is required to be submitted to the Legislature and, as of January 1 following the date that this section is inoperative, is repealed. (Amended by Stats. 2025, Ch. 67, Sec. 88. (AB 1170) Effective January 1, 2026. Conditionally inoperative as prescribed by its own provisions. Repealed as of January 1 following the inoperative date.)
  114. 14072.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. )

    Verify source ↗

    The secretary must report to the Legislature on LOSSAN Rail Corridor performance, starting no later than three years after a legislative appropriation and then every two years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.2. LOSSAN Corridor [14072 - 14072.10] ( Article 5.2 repealed and added by Stats. 2012, Ch. 802, Sec. 9. ) ## 14072.8. (a) Notwithstanding Section 10231.5, upon appropriation by the Legislature for purposes of this section, the secretary, in coordination with stakeholders responsible for operating rail services along the LOSSAN Rail Corridor, shall submit a report to the Legislature no later than three years after an appropriation is made by the Legislature for purposes of this section, and every two years thereafter, on the performance of the LOSSAN Rail Corridor that includes all of the following information: (1) Performance, ridership, usage, and quality of rail services. (2) Updates to capital improvement planning. (3) Progress in delivering fleet and infrastructure improvement projects. (4) Improvements to service and fare coordination. (5) Opportunities to increase the quality and frequency of services. (6) Updates to technical information, studies, reports, or research relating to the planning, operations, or maintenance of rail services. (7) Updates on corridor resiliency, prepared in coordination with the California Coastal Commission, including updates on any projects identified by the LOSSAN Rail Corridor Agency pursuant to Section 14072.4 to increase climate resiliency on the corridor. These updates shall include the status of current and planned development projects in the coastal zone and an analysis of environmental conditions. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. (Added by Stats. 2024, Ch. 777, Sec. 3. (SB 1098) Effective January 1, 2025.)
  115. 14074.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.4. San Joaquin Corridor [14074 - 14074.8] ( Article 5.4 repealed and added by Stats. 2012, Ch. 801, Sec. 8. )

    Verify source ↗

    This section defines key terms used in the San Joaquin Corridor article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.4. San Joaquin Corridor [14074 - 14074.8] ( Article 5.4 repealed and added by Stats. 2012, Ch. 801, Sec. 8. ) ## 14074. As used in this article, the following terms have the following meanings: (a) “Authority” or “San Joaquin Joint Powers Authority” means a joint exercise of powers agency formed under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 for purposes of assuming administrative responsibility for the San Joaquin Corridor under an interagency transfer agreement pursuant to Article 5 (commencing with Section 14070). (b) “Board” means the governing board of the San Joaquin Joint Powers Authority established under Section 14074.2. (c) “San Joaquin Corridor” or “corridor” means the Los Angeles-Bakersfield-Fresno-Stockton-Sacramento-Oakland intercity passenger rail corridor. (Repealed and added by Stats. 2012, Ch. 801, Sec. 8. (AB 1779) Effective January 1, 2013.)
  116. 14074.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.4. San Joaquin Corridor [14074 - 14074.8] ( Article 5.4 repealed and added by Stats. 2012, Ch. 801, Sec. 8. )

    Verify source ↗

    This section creates the San Joaquin Joint Powers Authority Board, limits it to 11 members, sets who may appoint members, and allows additional members if rail service boundaries expand.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.4. San Joaquin Corridor [14074 - 14074.8] ( Article 5.4 repealed and added by Stats. 2012, Ch. 801, Sec. 8. ) ## 14074.2. (a) There shall be created the San Joaquin Joint Powers Authority Board, subject to being organized pursuant to the provisions of this article. Except as otherwise provided in subdivisions (b) and (c), the board shall be composed of not more than 11 members, as follows: (1) One member of the board of directors of the Sacramento Regional Transit District, appointed by that board. (2) One member of the board of directors of the San Joaquin Regional Rail Commission, appointed by that board, who shall be a resident of San Joaquin County. (3) One member of the board of directors of the Stanislaus Council of Governments, appointed by that board. (4) One member of the board of directors of the Merced County Association of Governments, appointed by that board. (5) One member of the board of directors of the Madera County Transportation Commission, appointed by that board. (6) One member of the board of directors of the Fresno Council of Governments, appointed by that board. (7) One member of the board of directors of the Kings County Association of Governments, appointed by that board. (8) One member of the board of directors of the Tulare County Association of Governments, appointed by that board. (9) One member of the board of directors of the Kern Council of Governments, appointed by that board. (10) One member of the board of directors of a regional transportation agency or rail transit operator that serves Contra Costa County, appointed by the Contra Costa Transportation Authority, who shall be a resident of the county. (11) One member of a regional transportation agency or rail transit operator that serves Alameda County, appointed by the Board of Supervisors, who shall be a resident of the county. (b) The board shall be organized when at least six of the agencies described in paragraphs (1) to (11), inclusive, of subdivision (a) elect to appoint a member to serve on the board prior to December 31, 2013. Once organized, those agencies described in paragraphs (1) to (11), inclusive, of subdivision (a) that have not yet appointed members to serve on the board may elect to appoint a member to serve and be represented on the board at any time thereafter. (c) If the rail service boundaries of the San Joaquin Corridor are extended, an additional member from each additional county receiving rail service may be added to the board pursuant to Section 14074.6. (d) The authority shall protect existing services and facilities and seek to expand service as warranted by ridership and available revenue. (Repealed and added by Stats. 2012, Ch. 801, Sec. 8. (AB 1779) Effective January 1, 2013.)
  117. 14074.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.4. San Joaquin Corridor [14074 - 14074.8] ( Article 5.4 repealed and added by Stats. 2012, Ch. 801, Sec. 8. )

    Verify source ↗

    The authority may be created only if the agencies represented on its board enter into a joint exercise of powers agreement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.4. San Joaquin Corridor [14074 - 14074.8] ( Article 5.4 repealed and added by Stats. 2012, Ch. 801, Sec. 8. ) ## 14074.4. The authority shall be created only if the agencies that would be represented on the board enter into a joint exercise of powers agreement to form the authority. (Added by Stats. 2012, Ch. 801, Sec. 8. (AB 1779) Effective January 1, 2013.)
  118. 14074.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.4. San Joaquin Corridor [14074 - 14074.8] ( Article 5.4 repealed and added by Stats. 2012, Ch. 801, Sec. 8. )

    Verify source ↗

    The board must decide by vote of its members: generally by majority vote, but a two-thirds vote is required for approving the business plan, revising it, or adding new members under the cited subdivision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.4. San Joaquin Corridor [14074 - 14074.8] ( Article 5.4 repealed and added by Stats. 2012, Ch. 801, Sec. 8. ) ## 14074.6. The board shall make its decisions in accordance with the votes of its members, with a majority vote required for all matters with the exception of the approval of the business plan, revisions to that plan, and the addition of new members pursuant to subdivision (c) of Section 14074.2, which shall require a two-thirds vote of the members. (Repealed and added by Stats. 2012, Ch. 801, Sec. 8. (AB 1779) Effective January 1, 2013.)
  119. 14074.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.4. San Joaquin Corridor [14074 - 14074.8] ( Article 5.4 repealed and added by Stats. 2012, Ch. 801, Sec. 8. )

    Verify source ↗

    The Steering Committee of the Caltrans Rail Task Force must remain in existence, and if certain conditions are met, it becomes the Steering Committee of the San Joaquin Joint Powers Authority.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.4. San Joaquin Corridor [14074 - 14074.8] ( Article 5.4 repealed and added by Stats. 2012, Ch. 801, Sec. 8. ) ## 14074.8. The Steering Committee of the Caltrans Rail Task Force shall remain in existence. If a joint powers authority is formed pursuant to this article and an interagency transfer agreement is executed pursuant to subdivision (b) of Section 14070.2, the Steering Committee of the Caltrans Rail Task Force shall become the Steering Committee of the San Joaquin Joint Powers Authority for the purpose of advising the joint powers board. (Repealed and added by Stats. 2012, Ch. 801, Sec. 8. (AB 1779) Effective January 1, 2013.)
  120. 14076.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.6. Capitol Corridor [14076 - 14076.8] ( Article 5.6 added by Stats. 1996, Ch. 263, Sec. 10. )

    Verify source ↗

    This section defines “Authority,” “Board,” and “Capitol Corridor” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.6. Capitol Corridor [14076 - 14076.8] ( Article 5.6 added by Stats. 1996, Ch. 263, Sec. 10. ) ## 14076. As used in this article, the following terms have the following meanings: (a) “Authority” or “Capitol Corridor Joint Powers Authority” means the joint exercise of powers agency formed under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 and specified in subdivision (a) of Section 14070. (b) “Board” means the governing board of the Capitol Corridor Joint Powers Authority established under Section 14076.2. (c) “Capitol Corridor” or “corridor” means the Colfax-Sacramento-Suisun City-Oakland-San Jose rail corridor. (Amended by Stats. 1997, Ch. 252, Sec. 1. Effective August 11, 1997.)
  121. 14076.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.6. Capitol Corridor [14076 - 14076.8] ( Article 5.6 added by Stats. 1996, Ch. 263, Sec. 10. )

    Verify source ↗

    This section creates the Capitol Corridor Joint Powers Board and sets rules for its organization and membership.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.6. Capitol Corridor [14076 - 14076.8] ( Article 5.6 added by Stats. 1996, Ch. 263, Sec. 10. ) ## 14076.2. (a) There is hereby created the Capitol Corridor Joint Powers Board, subject to being organized pursuant to subdivision (b). The board shall be composed of not more than the following 16 members: (1) Six members of the San Francisco Bay Area Rapid Transit District Board of Directors, appointed by the board of directors of that district, as follows: (A) Two who are residents of Alameda County. (B) Two who are residents of Contra Costa County. (C) Two who are residents of the City and County of San Francisco. (2) Two members of the Board of Directors of the Sacramento Regional Transit District, appointed by the board of directors of that district. (3) Two members of the Board of Directors of the Santa Clara Valley Transportation Authority, appointed by the board of directors of that authority. (4) Two members of the county congestion management agency for the County of Yolo, appointed by that agency. (5) Two members of the county congestion management agency for the County of Solano, appointed by that agency. (6) Two members of the Placer County Transportation Planning Agency, appointed by that agency. (b) The board shall be organized when at least two of the jurisdictions described in paragraphs (1) to (6), inclusive, of subdivision (a) elect to appoint members to serve on the board. Only those jurisdictions that appoint members to serve on the board prior to December 31, 1996, shall be member-agencies of the board. (Amended by Stats. 1999, Ch. 724, Sec. 1. Effective January 1, 2000.)
  122. 14076.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.6. Capitol Corridor [14076 - 14076.8] ( Article 5.6 added by Stats. 1996, Ch. 263, Sec. 10. )

    Verify source ↗

    If specified conditions are met, the BART general manager and staff must provide administrative support to the board, may do work they are authorized to do for the district, and the board may later choose a public rail agency to provide support staff.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.6. Capitol Corridor [14076 - 14076.8] ( Article 5.6 added by Stats. 1996, Ch. 263, Sec. 10. ) ## 14076.4. If the board and the department enter into an interagency transfer agreement pursuant to Article 5 (commencing with Section 14070), for an initial period, that begins with the transfer of responsibilities from the department to the board and continues for a three-year period subsequent to the completion of the track and signal improvements between Sacramento and Emeryville, the San Francisco Bay Area Rapid Transit District General Manager and the district’s administrative staff shall, if that district has appointed members to the board in accordance with Section 14076.2, provide all necessary administrative support to the board to perform its duties and responsibilities, and may perform for the board any and all activities that they are authorized to perform for the district. At the conclusion of the initial period, the board may, through procedures that it determines, select the San Francisco Bay Area Rapid Transit District or another existing public rail transit agency for one three-year term immediately following the initial period, and thereafter for five-year terms, to provide all necessary administrative support staff to the board to perform its duties and responsibilities. (Amended by Stats. 2003, Ch. 525, Sec. 4. Effective January 1, 2004.)
  123. 14076.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.6. Capitol Corridor [14076 - 14076.8] ( Article 5.6 added by Stats. 1996, Ch. 263, Sec. 10. )

    Verify source ↗

    The board must decide according to member votes, using a majority vote for most matters and a two-thirds vote for approval of the business plan and revisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.6. Capitol Corridor [14076 - 14076.8] ( Article 5.6 added by Stats. 1996, Ch. 263, Sec. 10. ) ## 14076.6. The board shall make its decisions in accordance with the votes of its members, requiring a majority vote for all matters with the exception of the approval of the business plan, and revisions, which shall require a vote of two-thirds of the members. (Added by Stats. 1996, Ch. 263, Sec. 10. Effective July 23, 1996.)
  124. 14076.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.6. Capitol Corridor [14076 - 14076.8] ( Article 5.6 added by Stats. 1996, Ch. 263, Sec. 10. )

    Verify source ↗

    The board may seek funds from jurisdictions served by the Capitols passenger rail service to support enhanced service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 5.6. Capitol Corridor [14076 - 14076.8] ( Article 5.6 added by Stats. 1996, Ch. 263, Sec. 10. ) ## 14076.8. For the purpose of carrying out its responsibilities pursuant to this article, the board may seek funds from any jurisdiction served by the Capitols passenger rail service for enhanced service. (Added by Stats. 1996, Ch. 263, Sec. 10. Effective July 23, 1996.)
  125. 14080.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    This section defines “public entity” and “state funds” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14080. For purposes of this article: (a) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code. (b) “State funds” means any nonfederal funds which are derived from any of the following financial sources: the State Transportation Fund, tolls on the use of state-owned transportation facilities, and bond proceeds where the payment of the bonds is secured by any of the other financial sources specified in this subdivision. (Added by Stats. 1975, Ch. 1139.)
  126. 14081.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    A public entity’s governing body may agree with the department for the department to help with exclusive mass transit guideway projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14081. (a) When the governing body of any public entity proposes to commence project planning, development, improvement, or acquisition for exclusive public mass transit guideways and their related fixed facilities, the governing body may enter into an agreement to have the department assist the public entity with such work by providing to it those services mutually agreed to by the governing body and the director. These services may include, but are not limited to, the employment of the department’s employees, facilities, equipment, and materials for such purposes as project planning and design; research and materials testing; plans, specifications, and estimates; acquisition of rights-of-way and relocation assistance; project contract administration and construction inspection; and overall project management. (b) The governing body and the director may also enter into agreement for the department to assist the public entity in the performance of any other mutually agreed-upon services in connection with the public entity’s guideway transit responsibilities. (Added by Stats. 1975, Ch. 1139.)
  127. 14081.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    The director must not enter into the specified Section 14081 agreement if, in the director’s judgment, the agreement cannot be carried out consistently with sound financial and managerial public administration practices.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14081.5. The director shall not enter into an agreement referred to in Section 14081 if, in the director’s judgment, the proposed agreement cannot be carried out in a manner consistent with financially and managerially sound public administration practices. (Added by Stats. 1975, Ch. 1139.)
  128. 14082.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    The department may hire consultants for expert help when it does not have all the necessary expertise in-house.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14082. The department may secure the services of consultants to provide expert assistance to the department in performing any of the agreed-upon services referred to in Section 14081 when the complete expertise necessary is not fully available within the department. (Added by Stats. 1975, Ch. 1139.)
  129. 14082.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    In agreements under Section 14081, the governing body keeps final decision-making authority over matters it is legally responsible for, and the department must perform agreed services under applicable laws and regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14082.5. In any agreement made pursuant to Section 14081, the governing body shall retain final authority to decide those matters for which it is responsible by law pertaining to the planning, design, construction, and operation of the guideway system. The department shall perform such services agreed upon in accordance with the laws and regulations that are applicable to the public entity. (Added by Stats. 1975, Ch. 1139.)
  130. 14083.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    An agreement under Section 14081 must provide that the governing body reimburses the department for its service costs, unless the department is funded to perform the services without reimbursement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14083. Any agreement made pursuant to Section 14081 shall provide that the department shall be fully reimbursed by the governing body for all costs incurred by the department in performing services pursuant to the agreement. The amount of the reimbursement shall be negotiated and agreed to between the governing body and the department in advance of the department performing the services. However, whenever funds are made available to the department with an authorization to expend the funds for the department’s performance of all or part of the agreed-upon services, the services so financed shall be performed by the department without reimbursement. Any state funds so used shall be considered as part of the financing needed by the governing body from state and local revenue sources to meet its matching requirements for federal funding. (Added by Stats. 1975, Ch. 1139.)
  131. 14083.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    The department must deposit certain funds in the State Treasury and use them only for the Section 14081 purposes, following applicable laws, regulations, and agreed contract terms.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14083.5. Any funds received by the department from the governing body pursuant to an agreement made pursuant to Section 14081 shall be deposited in the State Treasury to the credit of the state account which the department designates. The department shall use the funds for the purposes referred to in Section 14081 in accordance with the applicable laws and regulations, and with the contracts, plans, specifications, and terms agreed upon. (Added by Stats. 1975, Ch. 1139.)
  132. 14084.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    If a reimbursement dispute under a Section 14081 agreement cannot be resolved by the governing body and the director, the Controller may investigate and decide the amount actually due.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14084. If at any time, in carrying out any agreement made pursuant to Section 14081, the required payment of reimbursements becomes a matter in dispute that cannot be resolved by the governing body and the director, it shall be brought before the Controller, who may conduct the necessary audits and interviews to determine the facts, hear both parties to the dispute, and make a final determination as to the reimbursement actually due. (Amended by Stats. 2016, Ch. 31, Sec. 125. (SB 836) Effective June 27, 2016.)
  133. 14085.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    A public entity receiving state or federal funds for an exclusive public mass transit guideway project must prepare required project documents and send them to the department before implementation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14085. Whenever any public entity is to receive state or federal funds for the purposes of project planning, design, rights-of-way, construction, acquisition, or improvement of exclusive public mass transit guideways (and their related fixed facilities, power systems, passenger facilities, vehicles, and equipment), it shall prepare for the complete project each of the following that are applicable to the type of project, and transmit them to the department for its review and approval of policies, procedures, and performance standards, which review and approval shall be completed within a reasonable time, on behalf of the State of California, prior to the implementation of the project or the project phases affected: (a) The overall project financing plan and the overall project development schedule. (b) Policies, procedures, and performance standards for such matters as the project’s management control systems; public hearings; location studies, preliminary engineering investigations, and environmental impact studies; plans, specifications, and cost estimates; acquisition of rights-of-way and other related real properties; relocation assistance; contract provisions, bidding and awards, change orders, payments and audits, and contractor claims; and material and equipment testing. (Added by Stats. 1975, Ch. 1139.)
  134. 14085.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    The department may direct its authority to project-development matters like requirements, criteria, process methods, and project management controls, but not to deciding a project’s actual location, design, transport capability, or service features unless statute or mutual agreement says otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14085.5. With respect to the review and approval of policies, procedures, and performance standards pursuant to Section 14085, the department’s authority shall be directed at such matters as the requirements, criteria, process methods, and project management control systems to be used for effectively performing and accomplishing a project’s development; and the department’s authority, as it applies to this specific purpose, shall not be directed at determining such matters as a project’s actual location and design, its actual transport capability, or its actual service features, unless otherwise provided for by statute or mutual agreement. (Added by Stats. 1975, Ch. 1139.)
  135. 14086.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    The department must adopt guidelines for Section 14085.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14086. The department shall adopt guidelines for purposes of Section 14085. The guidelines and the department’s review and approval required pursuant to Section 14085 shall be based on the best contemporary practices and any applicable state or federal laws or regulations for an effective and timely accomplishment and integrity of the project’s development. (Added by Stats. 1975, Ch. 1139.)
  136. 14086.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    Before approving certain project financing and development plans, the department must get the California Transportation Commission’s finding, and the commission must send that finding back within a reasonable time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14086.5. Before approving an overall project financing plan and an overall project development schedule, the department shall obtain the finding of the California Transportation Commission, and the commission shall transmit its finding to the department within a reasonable time, that the proposal is in accordance with the adopted state transportation improvement program for state funded projects and the adopted regional transportation improvement program for federally funded projects. (Amended by Stats. 1978, Ch. 915.)
  137. 14087.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    A public entity’s governing body may appeal a department action under Section 14085 to the Secretary of Transportation, who must hear the parties and decide the matter within a reasonable time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14087. If the governing body of a public entity wishes to appeal an action of the department taken under Section 14085 the matter shall be appealed to the Secretary of Transportation. Within a reasonable time after receiving the appeal, the secretary shall hear all parties involved and determine the matter, or the secretary may appoint a hearing officer to hear all parties involved and make a recommendation for the consideration of the secretary in determining the matter. (Amended by Stats. 2013, Ch. 352, Sec. 289. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  138. 14088.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    The director may waive some or all Section 14085 requirements for emergency conditions or certain minor improvement projects if doing so is in the public interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14088. For emergency conditions, and for those minor improvement projects which are not interrelated to proposed projects of greater scope, the director may waive any or all of the requirements of Section 14085 when such action is in the public interest. (Added by Stats. 1975, Ch. 1139.)
  139. 14089.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. )

    Verify source ↗

    This section says public entities’ receipt of state or federal funds for certain exclusive public mass transit guideway projects cannot be made conditional on signing an agreement with the department under Section 14081.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 1. General [14000 - 14089] ( Chapter 1 repealed and added by Stats. 1972, Ch. 1253. ) ## ARTICLE 6. Exclusive Mass Transit Guideway Systems [14080 - 14089] ( Article 6 added by Stats. 1975, Ch. 1139. ) ## 14089. Nothing in this article shall be construed to make the receipt of state or federal funds by public entities for the purpose of project planning, design, rights-of-way, construction, acquisition, or improvement of exclusive public mass transit guideways (and their related fixed facilities, power systems, passenger facilities, vehicles, and equipment) contingent upon entering into any agreement with the department pursuant to Section 14081. (Added by Stats. 1975, Ch. 1139.)
  140. 14101.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department must contract with qualified architects and engineers when the Director of Transportation, with the Director of Finance’s approval, determines staff cannot do the work in time for the public interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14101. The department shall contract with qualified architects and engineers for the performance of work when it is determined by the Director of Transportation, with the approval of the Director of Finance, that the obtainable staff is unable to perform the particular work within the time the public interest requires such work to be done. (Amended by Stats. 1980, Ch. 212.)
  141. 14102.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The Commission must study whether retroreflective sheeting materials on highway signs are cost-effective and energy efficient, consult with the department, and report its findings to the Legislature by May 1, 2002.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14102. The State Energy Resources Conservation and Development Commission, in consultation with the department, shall study the potential cost-effectiveness and energy efficiency of utilizing retroreflective sheeting materials on highway signs. In completing the study, that commission shall review any existing studies to the extent feasible and report its findings to the Legislature on or before May 1, 2002. (Added by Stats. 2001, Ch. 825, Sec. 3.5. Effective January 1, 2002.)
  142. 14103.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department may publish printed pamphlets and bulletins for public information, and available support funds may be used for related costs with Department of Finance approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14103. The department may prepare, publish, and issue such printed pamphlets and bulletins as the director deems necessary for the dissemination of information to the public concerning the activities of the several divisions of the department. Funds available for the support of the several divisions may, with the approval of the Department of Finance, be used to pay the cost of preparation, publication, and distribution. (Added by Stats. 1945, Ch. 118.)
  143. 14104.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department may hire assistance and buy or rent needed supplies, tools, equipment, and other conveniences to carry out its duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14104. The department may employ such assistance as may be necessary for the proper discharge of its duties, and may purchase or rent any necessary supplies, instruments, tools, equipment, and conveniences. (Amended by Stats. 1955, Ch. 1409.)
  144. 14104.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department may use rented tools or equipment to do certain work when the director finds the work does not fit lump-sum or unit bidding; related contracts may include equipment rental, labor, and materials.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14104.5. Where work to be performed, excluding regular maintenance work, which would otherwise be subject to the State Contract Act, does not lend itself to the preparation of plans and specifications to enable bids to be taken on a lump sum or unit basis, and the director so finds, the department may perform such work by the use of rented tools or equipment, either with operators furnished or unoperated. Contracts for such work may include provision for equipment rental and in addition the furnishing of labor and materials necessary to accomplish the work. Such contracts shall not be subject to the State Contract Act, but shall be subject to all of the provisions of Section 136.5 of the Streets and Highways Code, and of Article 2, Chapter 1, Part 7, Division 2 (commencing at Section 1770) of the Labor Code. (Amended by Stats. 1957, Ch. 605.)
  145. 14105.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department can inspect and enforce construction project standards, and people doing quality-control inspection/testing for department contracts must be certified and cannot falsify lab or subcontractor findings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14105. (a) The department may verify that all construction projects performed under its jurisdiction meet or exceed all standards and specifications included in the projects. (b) Unless a contract provides that a contractor or service provider will perform quality control under the contract, the department may assign qualified state employees or other persons, subject to existing law, to perform all inspection and testing required under existing law, regulation, or policy on any project performed under its jurisdiction that requires the inspection of construction activity or material, including, but not limited to, commercial and fabricated material. (c) If no other law or regulation requires inspection and testing, the department may adopt and enforce a strict policy requiring inspection of construction activity or material, including, but not limited to, commercial and fabricated material. (d) Any contractor or service provider who performs quality control inspections and tests as part of a contract with the department shall be certified on a prescribed random basis by qualified state employees or an organization certified by the department pursuant to applicable law, regulation, or policy. (e) Quality assurance testing and inspection shall be performed over the entire period of a contract. (f) Nothing in this section is intended to expand or restrict the authority of the department to contract for the provision of construction, inspection, management, and testing services from qualified private sector firms. (g) No person shall willfully conceal, alter, misrepresent, or distort, or attempt to conceal, alter, misrepresent, or distort the findings of any laboratory or subcontractor that provides quality control inspection and testing services to a contractor under this section. (1) If the prime contractor is not found to have concealed, altered, misrepresented, or distorted, or attempted to conceal, alter, misrepresent, or distort the findings of any laboratory or subcontractor by reason of having a subcontractor perform inspection and testing services, then the prime contractor is not considered to be in violation of this section. (2) Whenever any person, firm, corporation, partnership, or association performing quality control inspection and testing services on a public work contract, pursuant to Section 1101 of the Public Contract Code, and is under the jurisdiction of the department, is found by the department to have violated this section, the department shall order for a period of not less than one year and not more than three years that the person or entity refrain from doing any of the following within the department’s jurisdiction: (A) Bid on a public work contract. (B) Work on a public work contract. (C) Be awarded a public work contract. (3) Any determination by the department pursuant to paragraph (2) shall be made after a full investigation by the department and a fair and impartial hearing with reasonable notice. The periods of disqualification specified in this section shall commence on the date the determination of the violation is made by the department. (4) A violation of this section occurs when the person, firm, corporation, partnership, association, or officers commit any one or more of the acts described in subdivision (g). (5) The department may promulgate rules and regulations for the administration and enforcement of this section and provide for the definition of terms. (Added by Stats. 2000, Ch. 1034, Sec. 1. Effective January 1, 2001.)
  146. 14105.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department must prepare a detailed plan and report it to the Legislature, with updates as needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14105.6. (a) The department shall prepare a detailed plan that shall include steps the department will take to ensure that it is in conformance with its policies to prevent discrimination or preferences in its employing practices or its practices in bidding and awarding public contracts to provide equal access to opportunities for all qualified applicants, and shall report the plan to the Legislature and shall report updates to the plan, as necessary. (b) All reports to the Legislature required by this section shall be submitted in conformance with Section 9795. (Added by Stats. 2017, Ch. 95, Sec. 3. (SB 103) Effective July 21, 2017.)
  147. 14106.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    Toll revenues from a managed lane on the state highway system administered by a local agency must be spent only within that lane’s corridor.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14106. (a) Any toll revenues generated from a managed lane on the state highway system that is administered by a local agency shall be expended only within the respective corridor in which the managed lane is located. (b) “Managed lane” means either of the following: (1) A high-occupancy toll lane, which is a dedicated lane that is free for vehicles carrying a minimum number of occupants, but which allows vehicles containing less than the minimum number of occupants to use the lane upon payment of a toll. (2) An express toll lane, which is a dedicated lane that requires all vehicles to pay a toll in order to use the lane, but may provide for vehicles carrying a minimum number of occupants to pay a discounted toll. (Added by Stats. 2014, Ch. 500, Sec. 1. (AB 2250) Effective January 1, 2015.)
  148. 14108.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department must send an annual report to the Legislature about its zero-emission vehicles and charging/refueling stations, and it must post the report online.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14108. (a) Notwithstanding Section 10231.5, the department shall annually compile and report information to the Legislature on or before October 1 of each year, beginning in 2025, regarding the zero-emission vehicles that the department purchases, owns, or leases, including, but not limited to, all of the following information: (1) The number of zero-emission vehicles in each weight class categorized by fuel source type that the department owns or leases as of July 1 of each year. (2) The number of zero-emission vehicles in each weight class categorized by fuel source type that the department purchased in the preceding fiscal year. (3) The average purchase price of a zero-emission vehicle in each weight class categorized by fuel source type. (4) The average time for the department to receive a zero-emission vehicle in each weight class categorized by fuel source type from order placement to vehicle delivery. (b) In each report required pursuant to subdivision (a), the department shall conduct an analysis of the duty performance of the zero-emission vehicles that it acquires categorized by weight class. The analysis shall include, but is not limited to, all of the following information: (1) The number of zero-emission vehicles required to perform the duties of a single conventionally fueled vehicle that is replaced by a zero-emission vehicle. (2) A comparison of the final cost, including upfittings and the installation of other required equipment, of a zero-emission vehicle acquired to replace a single conventionally fueled vehicle. (3) The ability of a zero-emission vehicle to complete the duties of a conventionally fueled vehicle that is replaced by the zero-emission vehicle in the course of a shift during which those vehicles are used. (c) In each report required pursuant to subdivision (a), the department shall include information on its zero-emission vehicle charging and refueling stations, including, but not limited to, all of the following information: (1) The number of charging and refueling stations in each district of the department categorized by fuel source type currently owned, operated, or leased by the department as of July 1 of each year. (2) The number of charging and refueling stations in each district of the department categorized by fuel source type currently planned, in project development, or under construction by the department as of July 1 of each year. (3) The average time in days required for the department to complete the procurement or construction of a charging or refueling station. The period shall be measured from project initiation to commencement of unit operation for each charging or refueling station. (4) The total project cost for each charging or refueling station. (d) For the purposes of this section, “weight class” means the category of a vehicle’s gross vehicle weight rating (GVWR) and includes all of the following weight classes: (1) “Light duty,” which means a GVWR less than or equal to 8,500 pounds. (2) “Class 2b,” which means a GVWR greater than 8,500 pounds and less than or equal to 10,000 pounds. (3) “Class 3,” which means a GVWR greater than 10,000 pounds and less than or equal to 14,000 pounds. (4) “Class 4,” which means a GVWR greater than 14,000 pounds and less than or equal to 16,000 pounds. (5) “Class 5,” which means a GVWR greater than 16,000 pounds and less than or equal to 19,500 pounds. (6) “Class 6,” which means a GVWR greater than 19,500 pounds and less than or equal to 26,000 pounds. (7) “Class 7,” which means a GVWR greater than 26,000 pounds and less than or equal to 33,000 pounds. (8) “Class 8,” which means a GVWR greater than 33,000 pounds. (e) (1) Each report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. (2) The department shall post each report required pursuant to subdivision (a) on its internet website in a manner that can be downloaded and shall also post a telephone number on the internet website to call to order a hard copy of the report from the department. (f) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. (Added by Stats. 2024, Ch. 53, Sec. 4. (AB 173) Effective July 2, 2024. Repealed as of January 1, 2036, by its own provisions.)
  149. 14110.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department must develop a plan by January 1, 2020, to increase contract and procurement value awarded to small businesses and certain disadvantaged or disabled veteran businesses, include targeted outreach media in the plan, and provide the plan to the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14110. Consistent with federal and state laws and regulations, including, but not limited to, the department’s goal setting methodology as approved by the Federal Highway Administration, the department shall develop a plan by January 1, 2020, to increase by up to 100 percent the dollar value of contracts and procurements awarded to small businesses, disadvantaged business enterprises, and disabled veteran business enterprises. The plan shall include the use of targeted media, including minority and women business enterprises, to outreach to these businesses and shall be provided to the Legislature pursuant to Section 9795. (Added by Stats. 2017, Ch. 5, Sec. 4. (SB 1) Effective April 28, 2017.)
  150. 14110.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department must create, update, and submit a transportation outreach plan, carry out listed outreach activities, and report on outreach and contract participation. The Inspector General must review and audit these efforts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14110.1. (a) (1) The department shall develop and submit to the Legislature, by January 1, 2019, a detailed outreach plan intended to increase procurement opportunities for new and limited contracting small business enterprises, including, but not limited to, those owned by women, minority, disabled veterans, LGBT, and other disadvantaged groups, in all the department’s transportation programs, including, but not limited to, state road repairs, bridge repair and maintenance, trade corridors, congestion commute corridors, and local partnerships. (2) The department shall update the outreach plan based on the outcome of any disparity study undertaken every three years as part of the federal Disadvantaged Business Enterprise Program (Part 26 of Title 49 of the Code of Federal Regulations). (b) The department shall undertake all of the following outreach activities, which shall be included in the plan: (1) Sponsor, fund, or partner with apprenticeship programs, including those engaged in specific efforts to increase participation in the transportation construction industry of all groups, including, but not limited to, women, minorities, LGBT, disabled veterans, disadvantaged youth, and formerly incarcerated individuals. (2) Host, fund, or partner with organizations that host workshops, training classes, and other activities around the state focused on opportunities to contract with the department. Contracting opportunities discussed may include, but shall not be limited to, construction, communication, and consulting services in the areas of engineering, environmental, and surveying services. (3) Sponsor meetings to introduce prime contractors to new and limited contracting small business enterprises, including, but not limited to, those owned by women, minority, disabled veterans, LGBT, and other disadvantaged groups. (4) Sponsor opportunities, including, but not limited to, prebid meetings and the department’s Calmentor program, to increase contacts between prime contractors and new and limited contracting small business enterprises, including, but not limited to, those owned by women, minority, disabled veterans, LGBT, and other disadvantaged groups. (5) Partner with organizations representing persons and business enterprises from underrepresented groups, including, but not limited to, women, minority, disabled veterans, LGBT, and other disadvantaged groups, in a manner that will inform members of these organizations on opportunities to participate in transportation contracts. (c) By January 1, 2019, the department shall submit the outreach plan prepared pursuant to paragraph (1) of subdivision (a), and each update thereafter, to the California Legislative Black Caucus, California Latino Legislative Caucus, California Asian Pacific Islander Legislative Caucus, California Legislative Lesbian, Gay, Bisexual, and Transgender Caucus, and California Legislative Women’s Caucus. (d) The department shall annually report to the Legislature, pursuant to Section 14110.2, the percentages of entities receiving public contracts from the department, disaggregated by classifications, including, but not limited to, new and limited contracting enterprises, and women, minority, disabled veteran, and LGBT business enterprises, and further disaggregated within each of these classifications by contract size categories, as determined by the department. (e) All reports to the Legislature required by this section shall be submitted in conformance with Section 9795. (f) The Inspector General of the Independent Office of Audits and Investigations shall review, audit, and report on the department’s outreach efforts required by this section. In addition, the Inspector General shall audit businesses as appropriate to ensure that persons associated with entities that do not meet the definition of a new or limited contracting small business enterprise do not create a new associated entity that would meet the definition of a new or limited contracting small business enterprise and thereby subvert the purposes of this section. (g) For purposes of this section, the following terms have the following meanings: (1) “Limited contracting small business enterprise” means a certified small business, as defined in Section 14837, that has received fewer than five public contracts from the department in the previous two years or has received public contracts from the department totaling less than two hundred fifty thousand dollars ($250,000) in the previous two years. (2) ”New small business enterprise” means a certified small business, as defined in Section 14837, that has not received a public contract from the department in the previous two years. (Added by Stats. 2017, Ch. 95, Sec. 4. (SB 103) Effective July 21, 2017.)
  151. 14110.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department must collect voluntarily reported data about groups of interest awarded its public contracts and report that information to the Legislature every year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14110.2. (a) The department shall collect voluntarily reported data on groups of interest awarded public contracts by the department, including, but not limited to, women, minority, LGBT, and disabled veteran business enterprises. (b) The department shall report the information collected pursuant to subdivision (a) annually to the Legislature in conformance with Section 9795. (Added by Stats. 2017, Ch. 95, Sec. 5. (SB 103) Effective July 21, 2017.)
  152. 14110.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department must achieve at least a 25% certified small business participation rate in state-funded contracts and procurements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14110.3. The department shall achieve, at a minimum, an overall rate of 25 percent certified small business participation in state-funded contracts and procurements. For purposes of this section, “small business” has the same meaning as set forth in Section 14837. (Added by Stats. 2017, Ch. 95, Sec. 6. (SB 103) Effective July 21, 2017.)
  153. 14110.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department must use lawful and reasonable steps to raise disparity indices to 100 for certain federally funded contracts and must implement recommendations from every disparity study in the federal DBE Program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14110.4. (a) Beginning with the 2018–19 fiscal year, the department shall take all lawful and reasonable steps to raise the disparity indices for contracts awarded under the federal Disadvantaged Business Enterprise Program (Part 26 of Title 49 of the Code of Federal Regulations) to 100 for contracts and procurements subject to federal participation requirements, with particular emphasis on those minorities that exhibit substantial disparities with the indices, consistent with federal laws and regulations and subdivision (e) of Section 31 of Article I of the California Constitution. (b) The department shall implement the recommendations from every disparity study undertaken as part of the federal Disadvantaged Business Enterprise Program (Part 26 of Title 49 of the Code of Federal Regulations), consistent with federal laws and regulations and subdivision (e) of Section 31 of Article I of the California Constitution. (Added by Stats. 2017, Ch. 95, Sec. 7. (SB 103) Effective July 21, 2017.)
  154. 14110.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department must publish a web page linking to specified drayage-truck registries and databases, and certain maritime ports must survey trucking companies every two years and post/transmit the survey data.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14110.5. (a) The department shall create a web page on its internet website that contains links to existing registries and databases related to drayage trucks from all of the following sources: (1) The State Air Resources Board’s online truck reporting systems. (2) The Port Drayage Truck Registry that is part of the Clean Trucks Program at the Port of Los Angeles and Port of Long Beach. (3) Data maintained by the California Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project regarding the recipients of subsidies for the purchase of drayage trucks for operation at ports from that project. (4) Truck make and model reported pursuant to the South Coast Air Quality Management District Warehouse Indirect Source Rule. (5) Compliance status of trucks under the Heavy-Duty Vehicle Inspection and Maintenance Program (Chapter 5.5 (commencing with Section 44150) of Part 5 of Division 26 of the Health and Safety Code). (6) Data made available pursuant to subdivision (b) of this section and Sections 157 and 2810.4 of the Labor Code. (b) (1) All maritime ports with annual cargo volumes of greater than 1,000,000 20-foot equivalent units shall anonymously survey trucking companies every two years on the number of drivers classified as independent contractors and the number of drivers classified as employee drivers. (2) Survey data described in paragraph (1) shall be posted on the maritime ports’ internet websites. (3) Maritime ports subject to this section shall transmit the link to the data collected pursuant to paragraph (1) to the department. (4) Nothing in this section shall require maritime ports to collect information identifying individual companies or drivers, confidential information, or trade secrets. (5) Maritime ports shall not condition entry into their facilities on the basis of survey responsiveness or information contained therein. (Added by Stats. 2022, Ch. 458, Sec. 2. (AB 2057) Effective January 1, 2023.)
  155. 14111.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department must create, publish, and update an implementation plan for using digital construction management technologies on certain transportation infrastructure projects, and report to the Legislature by December 1, 2029.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 1. General [14101 - 14111] ( Article 1 added by Stats. 1945, Ch. 118. ) ## 14111. (a) (1) The department shall develop an implementation plan for the use and integration of digital construction management technologies for use on a transportation infrastructure project. The implementation guide shall include a timeline of the development of guidance, policies, and procedures to use digital construction management technologies from preconstruction to asset life cycle and a description of any metrics or data necessary to quantify the benefits of using this technology. (2) The department shall post the implementation plan on its internet website by January 1, 2024. (b) (1) The goal of the implementation plan is to begin using digital construction management technologies on transportation infrastructure projects, when deemed appropriate by the department, by July 1, 2029. (2) The implementation plan shall include the following milestone goals: (A) Development and posting on the department’s internet website of guidance, policies, and procedures to use digital construction management technologies by January 1, 2025. (B) Begin using digital construction management technologies during the predevelopment stage of project development by July 1, 2026. (C) Begin using digital construction management technologies through final design of project development by January 1, 2028. (D) Begin using digital construction management technologies through construction by July 1, 2029. (c) This section shall only apply to transportation infrastructure projects planned, programmed, designed, built, or managed by the department. (d) By December 1, 2029, the department shall submit a report to the Legislature in compliance with Section 9795, which shall include, at a minimum, all of the following: (1) The status of the implementation of digital construction management technologies. (2) Relevant details of any projects using or planning to use digital construction management technologies. (3) Expected or actual quantifiable benefits from the use of digital construction management technologies as identified by the department pursuant to its implementation plan. (4) Any challenges or barriers to the implementation of the use of digital construction management technologies. (e) For purposes of this section, “digital construction management technologies” means cloud-based mobile platforms used on construction sites by owners and contractors for the collection and organization of and managed accessibility to, accurate data and information related to a construction project, including for project site preparation, field execution, construction project management, document management, coordination and collaboration among stakeholders, inspection, and commissioning and handover to owner. (f) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Added by Stats. 2022, Ch. 493, Sec. 2. (AB 1037) Effective January 1, 2023. Repealed as of January 1, 2032, by its own provisions.)
  156. 14120.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2. Emergencies [14120 - 14123] ( Article 2 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The director may declare an emergency and specify its details during extraordinary stress or disaster from storms or floods, if the director thinks the situation is a matter of general public and State concern and needs immediate remedial action.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2. Emergencies [14120 - 14123] ( Article 2 added by Stats. 1945, Ch. 118. ) ## 14120. In times of extraordinary stress and of disaster, resulting from storms and floods, the director may declare the existence of an emergency and designate the location, nature, cause, area, and extent of the emergency if in his opinion: (a) The emergency is a matter of general public and State concern; and (b) Work and remedial measures are required to immediately avert, alleviate, repair, or restore damage or destruction to property having a general public and State interest and to protect the health, safety, convenience, and welfare of the general public of the State. (Added by Stats. 1945, Ch. 118.)
  157. 14121.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2. Emergencies [14120 - 14123] ( Article 2 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The department may do required work or take remedial measures to avert, alleviate, repair, or restore damage or destruction to property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2. Emergencies [14120 - 14123] ( Article 2 added by Stats. 1945, Ch. 118. ) ## 14121. The department may perform any work required or take any remedial measures necessary to avert, alleviate, repair, or restore damage or destruction to property as provided in this article. (Added by Stats. 1945, Ch. 118.)
  158. 14122.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2. Emergencies [14120 - 14123] ( Article 2 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The director must send any declaration under this article to the Department of Finance and recommend/request that available appropriated money be allocated to handle the emergency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2. Emergencies [14120 - 14123] ( Article 2 added by Stats. 1945, Ch. 118. ) ## 14122. The director shall transmit any declaration made under this article to the Department of Finance with a recommendation and request that money be allocated from any available money appropriated for that purpose or to meet State emergencies within the meaning of that term as employed in this article, in order to carry out the work and remedial measures required to meet the emergency. (Added by Stats. 1945, Ch. 118.)
  159. 14123.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2. Emergencies [14120 - 14123] ( Article 2 added by Stats. 1945, Ch. 118. )

    Verify source ↗

    The Director of Finance must quickly determine whether a state emergency exists and whether emergency funding is available; if so, the Director must allocate the amount needed to the Department of Transportation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2. Emergencies [14120 - 14123] ( Article 2 added by Stats. 1945, Ch. 118. ) ## 14123. The Director of Finance shall forthwith determine if a state emergency exists, and if money is available in any appropriation or emergency fund for the work and remedial measures. Upon an affirmative finding upon these matters, he shall allocate to the Department of Transportation such amount as, in his opinion, will be required to meet the emergency. (Amended by Stats. 1980, Ch. 212.)
  160. 14130.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. )

    Verify source ↗

    This section says the Department of Transportation should use outside professional and technical contractors when it is not adequately staffed, and the section becomes operative on January 1, 1998.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. ) ## 14130. (a) The Legislature hereby finds and declares all of the following: (1) There is a compelling public interest in ensuring that all federal, state, local, and private funds available for the state highway program are captured and used in a timely manner. (2) In order to maximize the use of federal, state, local, and private funds and to maintain a competitive posture in seeking supplemental federal funds, California must have a highway construction plan in place. (3) Changes in federal, state, and local revenues and the growing private participation in state highway construction can result in significant fluctuations in workload relating to project study reports, project development, surveying, and construction inspection. To maintain a more stable workforce in the department and avoid the costly process of short-time hiring and layoff while still responding in a timely manner to funding opportunities and uncertainties, additional flexibility through outside contracting and cooperative agreements with local public agencies is needed to supplement the department’s program staff. (b) Therefore, it is the intent of the Legislature that the department contract for the services of engineers, architects, surveyors, planners, environmental specialists, and materials testing specialists, in order to provide professional and technical project development services to the department whenever the department is inadequately staffed to satisfactorily carry out its program of project study reports, project development, surveying, and construction inspection in a timely and effective manner. It is the further intent of the Legislature to permit, through cooperative agreements with the department, local public agencies to undertake that program of activities on state highway projects for which they are a funding source. (c) This section shall become operative on January 1, 1998. (Repealed (in Sec. 2) and added by Stats. 1993, Ch. 433, Sec. 3. Effective September 24, 1993. Section operative January 1, 1998, by its own provisions.)
  161. 14131.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. )

    Verify source ↗

    The department may contract for certain professional and technical services if the director finds the Section 14134 guidelines apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. ) ## 14131. The department may contract for the services of engineers, architects, surveyors, planners, environmental specialists, and materials testing specialists to provide professional and technical services relating to project study reports, project development, surveying, and construction inspection whenever the director determines that the guidelines adopted pursuant to Section 14134 are applicable. Services contracted for shall not cause the displacement of any permanent, temporary, or part-time employee of the department. For purposes of this section, “displacement” means layoff, demotion, involuntary transfer to a new class, or involuntary transfer to a new work location requiring the employee to change his or her place of residence in order to be able to continue in his or her job classification. (Amended by Stats. 1991, Ch. 313, Sec. 2. Effective August 2, 1991.)
  162. 14131.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. )

    Verify source ↗

    The department must consider workload by program and fiscal year when deciding whether to contract for services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. ) ## 14131.1. The department, in applying the criteria for contracting for services established pursuant to this article, shall consider the workload relating to project study reports, project development, surveying, and construction inspection based on the total program relating to those factors for each fiscal year. In determining the appropriateness of contracting, the provisions of this article and the guidelines adopted pursuant to this article may be applied to the total program relating to project study reports, project development, surveying, and construction inspection for the fiscal year. Application of the provisions of this article and the guidelines to each individual contract for services is not required. Once the department applies the provisions of this article and the guidelines to the total project development program for the fiscal year and determines the total personnel years allocated for contracting out for the fiscal year, there shall be no further requirement to identify or refer to specific facts or guidelines which justify contracting out regarding individual contracts. (Added by Stats. 1991, Ch. 313, Sec. 3. Effective August 2, 1991.)
  163. 14131.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. )

    Verify source ↗

    This section says the consultant-selection process and resulting ranked list may be used for a limited time, if the prequalification process is reopened and run at least annually.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. ) ## 14131.2. (a) Solely for the purpose of validating the selection of consultants completed prior to July 1, 1990, the Legislature hereby declares that the process of evaluating and selecting consultants for that list of projects specifically identified in the selection process undertaken during the period between June 13, 1989, and June 30, 1990, in support of the Riverside County Transportation Improvement Plan, as specified in Measure A on the November 8, 1988, ballot for Riverside County, is consistent with the requirements of this article, and the resultant numerically ranked list of consultants shall serve as the basis of negotiation and award of contracts by the department until September 19, 1992. (b) The method of selecting consultants authorized by subdivision (a), and the resultant list, may be utilized until December 31, 1995, if (1) the process for prequalifying consultants is reopened to allow additional consultants the opportunity to qualify for inclusion in the list and (2), the prequalifying process is conducted at least annually. (Amended by Stats. 1993, Ch. 136, Sec. 1. Effective January 1, 1994.)
  164. 14132.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. )

    Verify source ↗

    The department must follow state participation-goal criteria when contracting for certain professional services, maintain a qualified business-enterprise list, publish notice at least 60 days before the interest deadline, and act on statements of interest within 60 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. ) ## 14132. (a) In addition to the requirements set forth in this section, in the department’s contracting out for the services of engineers, architects, surveyors, planners, environmental specialists, and material specialists, the department shall comply with the criteria governing the state’s participation goals for minority, women, and disabled veteran owned firms as specified in Article 1.5 (commencing with Section 10115) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. These goals shall apply to the overall dollar amount expended each year by the department pursuant to this article. (b) The department shall develop a list of qualified minority, women, and disabled veteran business enterprises that have been certified as a minority, women, or disabled veteran business enterprise, and that are interested in performing engineering, architectural, environmental, landscape architectural, or land surveying services under contract with the department, utilizing existing resources such as the Office of Small and Minority Business, the Minority Business Development Agency, and the Small Business Administration. Notice of the development of the list and request for statements of interest shall be published in professional publications at least 60 days prior to the deadline for submittal of statements of interest. The qualifications required for minority business enterprises and women business enterprises shall be the same as those required for any other firm or individual contracting with the department for the purposes of this article. (c) Any minority, women, or disabled veteran business enterprise not initially included on the list of interested firms may file statements of interest at any time, and the department shall evaluate the statements and notify the minority or women or disabled veteran business enterprise of their eligibility for placement on the list within 60 days of the request. Any minority, women, or disabled veteran business enterprise that is eligible to be counted toward the department’s participation goals and that meets the standard requirements shall be added to the list of interested firms immediately. (Amended by Stats. 1993, Ch. 433, Sec. 7. Effective September 24, 1993.)
  165. 14133.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. )

    Verify source ↗

    This section excludes certain Department of Transportation contracts from other procurement chapters and gives the Director of Transportation sole responsibility for deciding whether contracting guidelines were met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. ) ## 14133. (a) Contracts made pursuant to this article are not subject to Article 4 (commencing with Section 19130) of Chapter 6 of Part 2 of Division 5. (b) Contracts for engineering, architectural, landscape architectural, environmental, or land surveying services that the department elects to advertise and award in accordance with Section 14132.1 are not subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1. All other contracts for engineering, architectural, environmental, landscape architectural, or land surveying services made pursuant to this article are subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1. Notwithstanding Section 10295 of the Public Contract Code, the determination as to whether the guidelines for contracting adopted pursuant to Section 14134 have been met shall be the sole responsibility of the Director of Transportation. The Department of General Services shall have 30 working days upon receipt of a contract under this article in which to act on the contract, except in cases where further clarification is required by the department to execute the contract. (Amended by Stats. 1992, Ch. 1086, Sec. 3. Effective January 1, 1993.)
  166. 14134.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. )

    Verify source ↗

    The department must adopt contracting guidelines after consulting the commission and local transportation agencies, and it may contract with local jurisdictions for certain professional and technical services when the project is within that jurisdiction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. ) ## 14134. (a) The department, after consultation with the commission and local transportation agencies, shall adopt guidelines for determining the appropriateness of contracting with private firms or on projects developed cooperatively with local jurisdictions. The guidelines shall include, but not be limited to, consideration of the following: (1) Ensuring that all available federal, state, and local funds, including supplemental federal funds, are captured and used in a timely manner. (2) Reducing short-term fluctuations in the department’s workload relating to project study reports, project development, surveying, and construction inspection while still enabling the department to be plan-ready. (3) Facilitating the expeditious use of locally raised funds for state highway projects, recognizing that, in this instance, local governments are partners in state highway construction and that locally financed projects should not be unnecessarily delayed. (4) Ensuring that the cost effectiveness of contracting is considered equally with other factors when a determination of the appropriateness of contracting is made. (5) Ensuring that contract selection is performed in accordance with applicable state laws regarding the selection of professional architectural, engineering, environmental, or land surveying services, and to ensure the selection process avoids or prohibits unlawful or unfair procedures or activities. (b) These guidelines shall serve as general criteria for the determination of the appropriateness of contracting for services relating to project study reports, project development, surveying, and construction inspection and shall not be deemed to require the department to contract for specific projects solely because they may meet these criteria. (c) The department may contract with local jurisdictions, rather than with private firms, for professional and technical services relating to project study reports, project development, surveying, and construction inspection. In such a case, the services shall be only for a project located within the area of the local jurisdiction. (Amended by Stats. 1991, Ch. 313, Sec. 4. Effective August 2, 1991.)
  167. 14135.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. )

    Verify source ↗

    Design firms on a project may not bid on or win the related construction contract, and the department must assign a regular civil service resident engineer and have its licensed professional review and approve plans and plan changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. ) ## 14135. Each contract for engineering, architectural, or landscape architectural services entered into pursuant to this article and any construction contract resulting therefrom is subject to all of the following conditions: (a) The engineering, architectural, or landscape architectural firm providing design services for a project is not eligible to bid on or to be awarded the construction contract for that project. (b) The department shall provide a regular civil service employee as the resident engineer on any construction contract that results from project design services performed by engineers, architects, or landscape architects selected pursuant to this article. (c) All contract plans and changes to plans prepared by an engineer, architect, or landscape architect selected pursuant to this article shall be subject to review and approval by a licensed engineer, architect, or landscape architect of the department. (Amended by Stats. 1991, Ch. 314, Sec. 6.)
  168. 14136.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. )

    Verify source ↗

    The department must encourage mentor-protege agreements between prime contractors and subcontractors, and it may consider incentives for prime contractors.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 2.5. Contracts for Professional and Technical Services [14130 - 14136] ( Article 2.5 added by Stats. 1988, Ch. 9, Sec. 1. ) ## 14136. (a) The department shall encourage mentor-protege agreements between prime contractors and subcontractors whereby protege firms may receive appropriate developmental assistance from the mentor firm to enhance protege firms’ capabilities to perform as subcontractors and suppliers. (b) In encouraging establishment of mentor-protege relationships, the department may consider offering incentives to prime contractors including, but not limited to, a credit against participation goals required by Article 1.5 (commencing with Section 10115) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. (c) This section shall be known and may be cited as the Polanco Mentor-Protege Program of 1993. (Added by Stats. 1993, Ch. 433, Sec. 8. Effective September 24, 1993.)
  169. 14150.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. )

    Verify source ↗

    The department and its divisions may do certain kinds of work for the United States if a listed federal agency requests it in writing and the work is fully paid for with federal funds, except for general administrative expense.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. ) ## 14150. When requested in writing by the Federal Highway Administration, the Maritime Commission, the Army, the Air Force, or the Navy, the department and each division thereof may perform any engineering, architectural, construction, maintenance, or mechanical work for, or on behalf of, the United States if such work is to be completely financed by federal funds, except for general administrative expense. The department may enter into agreements with the authorized officials of the United States for the performance of any such work. Any agreement providing for such work to be done by the Department of General Services, the Department of Water Resources, or the Department of Boating and Waterways shall be subject to the approval of the Department of Finance. (Amended by Stats. 1980, Ch. 212.)
  170. 14151.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. )

    Verify source ↗

    Architectural or construction work on buildings is limited to projects on property owned or controlled by the State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. ) ## 14151. Any architectural or construction work on buildings shall be limited to projects on property owned or controlled by the State. (Added by Stats. 1955, Ch. 84.)
  171. 14152.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. )

    Verify source ↗

    For federally financed work, the department may follow procedures requested by certain federal agents or required by federal law; otherwise, the work must be carried out under California law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. ) ## 14152. In the performance of any such federally financed work the department may adopt any procedure as to the letting of contracts for, the conduct of, or the payment for, the work, that is requested by the authorized agents of the federal agencies designated in Section 14150, or required by federal laws, rules, or regulations. In the absence of any such requirement or request, such work shall be performed pursuant to the laws of this State. (Added by Stats. 1955, Ch. 84.)
  172. 14153.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. )

    Verify source ↗

    The department and the California Transportation Commission may do work-related actions connected to state highways and may acquire needed real or personal property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. ) ## 14153. As to such work to be performed by the department, the department and the California Transportation Commission may do any and all things in connection therewith as may be done in connection with state highways and may acquire therefor, pursuant to state law, any necessary real or personal property, or interest therein. (Amended by Stats. 1980, Ch. 212.)
  173. 14154.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. )

    Verify source ↗

    The department may spend appropriated money for the work, but only on items the United States has agreed to reimburse in full, with general administrative expenses charged to the division’s support funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. ) ## 14154. In addition to the purposes for which money is appropriated to the department or any division thereof, all of such money or so much thereof as may be necessary, is hereby appropriated and may be expended by the department for the performance of such work. Such expenditures shall be limited to those items for which the Government of the United States has agreed to reimburse the State in full, except for general administrative expenses which shall be chargeable to the funds appropriated for the support or administration of the division doing the work. Such expenditures, to the extent to which the United States is obligated to reimburse the State, shall be considered as temporary advancements for the performance of such work and shall not be considered as expenditures of state funds. Such expenditures shall be excluded in making the computations required by Article 2, Chapter 3, Part 1, Division 3 of this title. Money received from the Government of the United States as reimbursements for such expenditures shall be deposited in the State Treasury to the credit of the fund from which the advancements were made. (Added by Stats. 1955, Ch. 84.)
  174. 14155.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. )

    Verify source ↗

    This section defines “Department” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 3. Contracts for Services With the United States [14150 - 14155] ( Article 3 added by Stats. 1955, Ch. 84. ) ## 14155. “Department,” as used in this article, means the Department of Transportation as to work within its jurisdiction, the Department of Water Resources as to work within its jurisdiction, the Department of Boating and Waterways as to any project under the jurisdiction of that department pursuant to Article 2.5 (commencing with Section 65) of Chapter 2 of Division 1 of the Harbors and Navigation Code, and the Department of Corrections with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code, and the Department of General Services with respect to the construction, alteration, repair, and improvement of state buildings. (Amended by Stats. 1981, Ch. 540, Sec. 1. Effective September 17, 1981.)
  175. 14170.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    This section says the article and a related chapter may be called the Guaranteed Return Trip Demonstration Project.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14170. This article and Chapter 8.5 (commencing with Section 14925) of Part 5. 5 shall be known and may be cited as the Guaranteed Return Trip Demonstration Project. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  176. 14171.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    The department must run the Guaranteed Return Trip Demonstration Project, create standards and guidelines for it, and implement it after the director approves those standards and guidelines.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14171. The department shall establish and administer the Guaranteed Return Trip Demonstration Project in accordance with this article. The department shall develop standards and guidelines for the demonstration project, including a definition of return trip eligibility, and, upon approval of those standards and guidelines by the director, shall implement the project. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  177. 14172.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    The department must publicize the project and seek proposals for transportation programs for commuters in emergencies or other unforeseen events.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14172. The department shall publicize the project and solicit proposals for programs designed to provide mass transit and high-occupancy vehicle commuters with transportation to their homes, their personal vehicles, or another agreed upon location in the event of an emergency or specific unforeseen occurrence. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  178. 14173.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    The department must create grant application forms and adopt regulations on grant eligibility and audit standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14173. The department shall prescribe forms to be utilized to apply for a grant to fund a proposed program, and shall adopt regulations prescribing qualifications for eligibility for the award of a grant, and establishing standards for auditing the expenditure of grant funds. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  179. 14174.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    This section creates the Guaranteed Return Trip Fund in the State Treasury and appropriates up to $150,000 for each of 1991 and 1992 from that fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14174. The Guaranteed Return Trip Fund is hereby created in the State Treasury. An amount not exceeding one hundred fifty thousand dollars ($150,000) for each of the calendar years of 1991 and 1992, is hereby appropriated from the fund for the purpose of making grants pursuant to this article, and for the purposes of Chapter 8.5 (commencing with Section 14925) of Part 5.5, including the costs of the Department of General Services and the Department of Transportation, in administering this article and that Chapter 8.5. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  180. 14175.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    Grants may be made to public and private entities for certain transportation-related projects, up to $5,000 for single-employer projects and $15,000 for multiple-employer projects.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14175. Grants of not more than five thousand dollars ($5,000) for projects covering a single employer or not more than fifteen thousand dollars ($15,000) for projects covering multiple employers may be made to public and private entities, including, but not limited to, all of the following: (a) Local governmental entities, including, but not limited to, transit districts. (b) Transportation management organizations and other associations formed to promote the use of high-occupancy vehicle commuting. (c) Employers and groups of employers with established transportation management plans. (d) Nonprofit organizations which provide transportation management services. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  181. 14176.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    A public or private entity may apply to the department for a grant to develop and start a proposed guaranteed return trip program. To be funded, the program must serve transit or HOV users, charge no cost or only a nominal cost within a stated limit, report effectiveness within one year after the grant, and adopt written eligibility and use policies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14176. (a) A public or private entity may submit to the department a program proposal and an application for a grant to fund the development and initial operation of a proposed program. (b) To be eligible for funding, a proposed program shall meet all of the following criteria: (1) Serve regular users of mass transit or high-occupancy vehicle commute modes. (2) Provide transportation at no cost or at a nominal cost not to exceed the amount normally spent for home-to-work transportation by such means as a taxi, rental car, fleet car, or escort service, to the user’s home or other agreed upon location. (3) Agree to report to the department, not later than one year after receipt of a grant, regarding the effectiveness of the program, as indicated by: (A) The number of participants using the guaranteed return trip program. (B) Whether the program has increased the number of commuters using alternatives to single-occupancy vehicle commuting. (4) Develop written policies specifying eligibility and procedures for use of the guaranteed return trip option. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  182. 14177.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    The department must evaluate each proposal and award grants to qualified applicants selected for the demonstration project. Grants may not be renewable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14177. The department shall evaluate each proposal submitted to it and award grants to qualified applicants which are selected for participation in the demonstration project. Grants shall be awarded in a manner which assures a reasonable distribution of grant funds throughout the state. A grant shall not be renewable. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  183. 14178.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    A grant applicant must match any grant dollar-for-dollar, and the grant plus matching funds must be used only for the guaranteed return trip program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14178. The amount of any grant shall be matched on a dollar-for-dollar basis by the grant applicant. The funds granted, together with the matching funds, shall be used solely for purposes of the guaranteed return trip program, as specified in Section 14180. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  184. 14179.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    A grant recipient may use grant funds for costs tied to developing and running a guaranteed return trip program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14179. The recipient of a grant may use the funds for costs related to the development and operation of a guaranteed return trip program, including any of the following: (a) Development and administration of the program. (b) Program operating costs. (c) Promotion of the program and the recruitment of participants. (d) Significant expansion of currently existing programs. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  185. 14180.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    When the department selects a proposed program and awards a grant, it must notify the Controller, and the Controller must disburse the grant amount to the applicant from the Guaranteed Return Trip Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14180. Upon its selection of a proposed program and the award of a grant for the program, the department shall notify the Controller of its action, and the Controller shall disburse the amount of the grant, as specified by the department, to the applicant from the Guaranteed Return Trip Fund. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  186. 14181.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. )

    Verify source ↗

    The department must evaluate the Guaranteed Return Trip Demonstration Project and report the results and recommendations to the Legislature by July 30, 1993.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 2. Powers and Duties [14101 - 14181] ( Chapter 2 added by Stats. 1945, Ch. 118. ) ## ARTICLE 4. Guaranteed Return Trip Demonstration Project [14170 - 14181] ( Article 4 added by Stats. 1990, Ch. 1653, Sec. 2. ) ## 14181. The department shall conduct an evaluation of the Guaranteed Return Trip Demonstration Project in order to determine the effectiveness of individual programs funded pursuant to this article in promoting the use of mass transit and high-occupancy vehicle commuting. Not later than July 30, 1993, the department shall submit to the Legislature the results of its evaluation of the demonstration project, together with its recommendations as to whether the project should be continued. (Added by Stats. 1990, Ch. 1653, Sec. 2.)
  187. 14200.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 3. State Employee Telecommuting Program [14200 - 14203] ( Chapter 3 added by Stats. 1990, Ch. 1389, Sec. 1. )

    Verify source ↗

    This section defines “telecommuting” as using computers or telecommunications, in whole or in part, instead of commuting to work for employees who live in California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 3. State Employee Telecommuting Program [14200 - 14203] ( Chapter 3 added by Stats. 1990, Ch. 1389, Sec. 1. ) ## 14200. As used in this chapter, “telecommuting” means the partial or total substitution of computers or telecommunication technologies, or both, for the commute to work by employees residing in California. (Added by Stats. 1990, Ch. 1389, Sec. 1.)
  188. 14200.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 3. State Employee Telecommuting Program [14200 - 14203] ( Chapter 3 added by Stats. 1990, Ch. 1389, Sec. 1. )

    Verify source ↗

    The Legislature finds that telecommuting can reduce pollution, congestion, and commuting costs, and says state agencies should be encouraged to adopt telecommuting policies for state employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 3. State Employee Telecommuting Program [14200 - 14203] ( Chapter 3 added by Stats. 1990, Ch. 1389, Sec. 1. ) ## 14200.1. (a) The Legislature finds and declares the following: (1) Telecommuting can be an important means to reduce air pollution and traffic congestion and to reduce the high costs of highway commuting. (2) Telecommuting stimulates employee productivity while giving workers more flexibility and control over their lives. (b) It is the intent of the Legislature to encourage state agencies to adopt policies that encourage telecommuting by state employees. (Added by Stats. 1994, Ch. 1209, Sec. 1. Effective January 1, 1995.)
  189. 14201.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 3. State Employee Telecommuting Program [14200 - 14203] ( Chapter 3 added by Stats. 1990, Ch. 1389, Sec. 1. )

    Verify source ↗

    State agencies must review their work operations for telecommuting opportunities and, by July 1, 1995, develop and implement a telecommuting plan where telecommuting is practical and beneficial.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 3. State Employee Telecommuting Program [14200 - 14203] ( Chapter 3 added by Stats. 1990, Ch. 1389, Sec. 1. ) ## 14201. Every state agency shall review its work operations to determine where in its organization telecommuting can be of practical benefit to the agency. On or before July 1, 1995, each agency shall develop and implement a telecommuting plan as part of its telecommuting program in work areas where telecommuting is identified as being both practical and beneficial to the organization. Agencies that participated in the experimental studies described in Section 15276 may continue and expand those telecommuting programs in accordance with the policy, procedures, and guidelines developed by the Department of General Services in conjunction with those participating agencies. Those agencies not having participated in the initial experimental studies described in Section 15276 may comply with the policy, procedures, and guidelines developed by the Department of General Services in conjunction with a multiagency group that participated in those studies. (Amended by Stats. 1994, Ch. 1209, Sec. 2. Effective January 1, 1995.)
  190. 14202.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 3. State Employee Telecommuting Program [14200 - 14203] ( Chapter 3 added by Stats. 1990, Ch. 1389, Sec. 1. )

    Verify source ↗

    The Department of General Services must establish a unit to oversee telecommuting programs, and that unit must coordinate information-sharing, develop guidance, and assist state agencies with telecommuting-related planning and site requests.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 3. State Employee Telecommuting Program [14200 - 14203] ( Chapter 3 added by Stats. 1990, Ch. 1389, Sec. 1. ) ## 14202. The Department of General Services shall establish a unit for the purpose of overseeing telecommuting programs established pursuant to this chapter. This unit shall do all of the following: (a) Coordinate and facilitate the interagency exchange of information regarding the state’s telecommuting program, and establish and lead a multiagency telecommuting advisory group for these purposes. (b) Develop and update policy, procedures, and guidelines to assist agencies in the planning and implementation of telecommuting programs. (c) Assist state agencies in requesting the siting of satellite work stations and develop procedures to track the needs of agencies and identify potential office locations. (Added by Stats. 1990, Ch. 1389, Sec. 1.)
  191. 14203.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 3. State Employee Telecommuting Program [14200 - 14203] ( Chapter 3 added by Stats. 1990, Ch. 1389, Sec. 1. )

    Verify source ↗

    State agencies must evaluate their telecommuting programs, and the Department of General Services must set evaluation criteria and recommend changes if needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 3. State Employee Telecommuting Program [14200 - 14203] ( Chapter 3 added by Stats. 1990, Ch. 1389, Sec. 1. ) ## 14203. Each state agency shall evaluate its telecommuting program. The Department of General Services shall establish criteria for evaluating the state’s telecommuting program and recommend modifications, if necessary. (Added by Stats. 1990, Ch. 1389, Sec. 1.)
  192. 14450.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. )

    Verify source ↗

    The department must consult with the transportation industry and affected state agencies when preparing its research and development program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. ) ## 14450. The department, in preparing its research and development program, shall consult with other parts of the transportation industry, including the private and public sectors, in order to obtain maximum input designed to develop a balanced multimodal research and development program. The department shall also consult with affected state agencies, including the Department of Motor Vehicles, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, and the Department of the California Highway Patrol. (Added by Stats. 1992, Ch. 352, Sec. 1. Effective January 1, 1993.)
  193. 14452.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. )

    Verify source ↗

    Funds tied to the cited code sections must be used for transportation research and development projects, and the department must run a balanced multimodal program that supports nonhighway modes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. ) ## 14452. (a) All funds made available pursuant to Section 99315.6 of the Public Utilities Code and Section 203 of the Streets and Highways Code shall be allocated to transportation research and development projects, including both the research and development of new technologies and the application of existing technologies to transportation purposes. All state funded research and development work conducted on intelligent vehicle highway systems shall be funded with funds made available pursuant to Section 99315.6 of the Public Utilities Code and Section 203 of the Streets and Highways Code or with available federal funds. (b) The department shall adopt a balanced, multimodal research and development program and shall ensure that adequate resources are devoted to research and development of nonhighway transportation modes, including, but not limited to, transit buses and other public transportation, and nonmotorized modes. The research and development program shall be evaluated to determine to what extent the program benefits highways or alternative modes. As an overall program goal, the department should strive to allocate a minimum of 50 percent of state funds made available pursuant to Section 99315.6 of the Public Utilities Code and Section 203 of the Streets and Highways Code to projects which relate to research and development of alternative modes of transportation. (c) Funds made available pursuant to Section 203 of the Streets and Highways Code may be used for any research and development project which is designed to enhance or improve the operation of highways. (Added by Stats. 1992, Ch. 352, Sec. 1. Effective January 1, 1993.)
  194. 14453.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. )

    Verify source ↗

    The department’s role is limited to research and development, and it must evaluate site options using listed criteria before selecting a center site.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. ) ## 14453. The department’s role in this program shall be limited to research and development. The department shall consider the following guidelines in evaluating and selecting a site for a research and development center: (a) Sources of funding for the center, with the stipulation that the state’s funding share does not exceed one-third of the total costs of the center, with the remaining funds provided from local, federal, and private sources. The department shall seek to maximize private participation in the funding of a center, and state funds shall be expended only for facilities to be used by the state to be located on real property owned by the state, including acquisition of real property to be owned by the state in fee simple or pursuant to a lease-purchase contract. (b) Accessibility to the center by rail or bus service operating at frequency headways of not less than one-half hour during peak commute hours. (c) Other criteria to be used in the evaluation of a site for the center, which shall include, but not be limited to, the following: (1) The ability of the project to enhance environmental quality, including the dedication of open space for preservation of open space, wetlands, and other wildlife habitat. (2) The ability of the project to rely on existing infrastructure, including water and sewer hookups to existing systems and access by existing roads and transit systems, or alternatively, an assurance by the local jurisdiction or jurisdictions that an infrastructure development plan has been adopted which provides for the timely construction of necessary infrastructure and which is fully funded. (3) The extent to which the project will result in the least cost to public agencies, direct and indirect, including costs incurred by state and local agencies other than the department. (4) The extent to which the project provides a return on investment of public funds to public agencies. (d) Contracting for consultant services to assist it in selecting a site for a center. (e) Receiving and evaluating proposals for the center, to be ranked in priority order consistent with this section. (f) Not committing any state funds to the project other than for the development of a request for proposals and the evaluation of proposals received in response to the request, unless funds are specifically appropriated as a separate item in the annual Budget Act for the financing, planning, design, and construction of the center. (g) Construction of the center shall be subject to prevailing wage laws and minority enterprise and women business enterprise participation laws applicable to the department’s highway construction projects. (Amended by Stats. 2012, Ch. 728, Sec. 63. (SB 71) Effective January 1, 2013.)
  195. 14454.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. )

    Verify source ↗

    Before recommending a site, the department must hold at least one public hearing. The department may not acquire a site unless the center’s construction on that site fits the applicable city or county general plan, and the state may not override local planning and zoning decisions for this subdivision.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. ) ## 14454. (a) If a decision is made to proceed with a research and development center, proceeds from the sale or lease of existing facilities owned by the department due to the transfer of the functions performed at those facilities to the research and development center shall be available, upon appropriation by the Legislature, for allocation for research and development purposes. (b) Prior to recommending a site, the department shall hold at least one public hearing. (c) The department shall not acquire a site for the center unless, at the time of the selection, construction of the center on that site is consistent with the applicable city or county general plan. With respect to this subdivision, the state shall not supercede local planning and zoning decisions. (Added by Stats. 1992, Ch. 352, Sec. 1. Effective January 1, 1993.)
  196. 14455.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. )

    Verify source ↗

    The department must circulate proposed research contracts to interested private sector and academic parties, and contracts it approves must require contractors to disclose administrative overhead as a separate cost item.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. ) ## 14455. (a) Research contracts approved by the department shall require the contractor to disclose administrative overhead as a separate cost item, with a detailed statement identifying what activities will be paid as administrative overhead. (b) Proposed research contracts shall be circulated by the department to interested private sector parties as well as public and private academic institutions. (Added by Stats. 1992, Ch. 352, Sec. 1. Effective January 1, 1993.)
  197. 14456.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. )

    Verify source ↗

    The department may enter into a joint powers agreement with other entities to develop and operate the center, subject to Section 14453.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 4. California Transportation Research and Innovation Program [14450 - 14456] ( Chapter 4 added by Stats. 1992, Ch. 352, Sec. 1. ) ## 14456. Pursuant to Section 14453, the department may enter into a joint powers agreement with other entities for development and operation of the center. (Added by Stats. 1992, Ch. 352, Sec. 1. Effective January 1, 1993.)
  198. 14460.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 5. Department of Transportation independent Office of Audits and Investigations [14460 - 14463] ( Chapter 5 added by Stats. 2017, Ch. 5, Sec. 5. )

    Verify source ↗

    This section creates the Independent Office of Audits and Investigations in the Department of Transportation and requires the Inspector General to report findings and recommendations to state officials.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 5. Department of Transportation independent Office of Audits and Investigations [14460 - 14463] ( Chapter 5 added by Stats. 2017, Ch. 5, Sec. 5. ) ## 14460. (a) There is hereby created in the department the Independent Office of Audits and Investigations to ensure all of the following: (1) The department, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department. (2) The department’s programs are functioning consistent with applicable accounting standards and practices and are administered effectively, efficiently, and economically. (3) The department’s management is accomplishing departmental priorities, developing an annual audit plan, administering an effective enterprise risk management program, and is making efficient, effective, and financially responsible transportation decisions. (4) The Secretary of Transportation, the Legislature, the California Transportation Commission, and the director and chief deputy director of the department are fully informed concerning fraud, improper activities, or other serious abuses or deficiencies relating to the expenditure of transportation funds or administration of department programs and operations. (b) The Governor shall appoint the director of the Audits and Investigations Office, who shall serve a six-year term, have the title of Inspector General, and be subject to Senate confirmation. The Inspector General may not be removed from office during that term, except for good cause. The reasons for removal of the Inspector General shall be stated in writing and shall include the basis for removal. The writing shall be sent to the Secretary of the Senate and the Chief Clerk of the Assembly at the time of the removal and shall be deemed to be a public document. (c) The Inspector General is vested with the full authority to exercise all responsibility for maintaining a full scope, independent, and objective audit and investigation program, including, but not limited to, those activities described in Section 14461. (d) In order to achieve independence and objectivity pursuant to this section, the Independent Office of Audits and Investigation shall meet all of the following requirements: (1) The Inspector General shall report all audit and confidential investigation findings and recommendations made under the Inspector General’s jurisdiction to the Secretary of Transportation and the director and chief deputy director of the department on an ongoing and current basis. (2) The Inspector General shall report at least annually, or upon request, to the Governor, the Legislature, and the California Transportation Commission with a summary of the Inspector General’s investigation and audit findings and recommendations. The summary shall be posted on the office’s internet website and shall otherwise be made available to the public upon its release to the Governor, commission, and Legislature. The summary shall include, but need not be limited to, significant problems discovered by the Inspector General and whether the Inspector General’s recommendations relative to audits and investigations have been implemented by the affected units and programs of the department or affected external entities. The report shall be submitted to the Legislature in compliance with Section 9795. (Amended by Stats. 2019, Ch. 32, Sec. 3. (SB 87) Effective June 27, 2019.)
  199. 14461.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 5. Department of Transportation independent Office of Audits and Investigations [14460 - 14463] ( Chapter 5 added by Stats. 2017, Ch. 5, Sec. 5. )

    Verify source ↗

    The Inspector General must review transportation-related policies and conduct audits and investigations, and the office may inspect and reproduce records during business hours. Certain officers and employees must allow access when requested.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 5. Department of Transportation independent Office of Audits and Investigations [14460 - 14463] ( Chapter 5 added by Stats. 2017, Ch. 5, Sec. 5. ) ## 14461. (a) The Inspector General shall review policies, practices, and procedures and conduct audits and investigations of activities involving state transportation funds administered by the department in consultation with all affected units and programs of the department and external entities. (b) The Independent Office of Audits and Investigations shall have access and authority to examine all records, files, documents, accounts, reports, correspondence, or other property of the department and external entities that receive state and federal transportation funds from the department. The Independent Office of Audits and Investigations may enter any public office or institution in this state and access, examine, and reproduce during regular business hours all records, files, documents, accounts, reports, vouchers, correspondence files, and all other records for any audit or investigation. Any officer or employee of any agency or entity having these records or property in their possession, under their control, or otherwise having access to them, shall permit access to, and examination and reproduction thereof, upon the request of the Inspector General or the Inspector General’s authorized representative. (Amended by Stats. 2019, Ch. 32, Sec. 4. (SB 87) Effective June 27, 2019.)
  200. 14462.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 5. Department of Transportation independent Office of Audits and Investigations [14460 - 14463] ( Chapter 5 added by Stats. 2017, Ch. 5, Sec. 5. )

    Verify source ↗

    The Inspector General may access certain confidential records or property for audits and investigations, but must not destroy audit support papers too soon.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15990.3] ( Division 3 added by Stats. 1945, Ch. 111. ) ## PART 5. DEPARTMENT OF TRANSPORTATION [14000 - 14463] ( Heading of Part 5 amended by Stats. 1972, Ch. 1253. ) ## CHAPTER 5. Department of Transportation independent Office of Audits and Investigations [14460 - 14463] ( Chapter 5 added by Stats. 2017, Ch. 5, Sec. 5. ) ## 14462. (a) The Inspector General may gain access to confidential records or property that are obtained in connection with any audit, evaluation, investigation, or review conducted pursuant to Section 14461 unless a law specifically refers to and precludes the Inspector General from accessing, examining, and reproducing any record or property pursuant to Section 14461. Information or documents obtained in connection with any audit, evaluation, investigation, or review conducted by the Inspector General are subject to any limitations on release of the information or documents as may apply to an employee or officer of the department or external entity subject to this chapter that provided the information or documents. Providing confidential information pursuant to this section, including, but not limited to, confidential information that is subject to a privilege, shall not constitute a waiver of that privilege. (b) For purposes of this section, “confidential records or property” means records or property that may lawfully be kept confidential as a result of a statutory or common law privilege or any other law. (c) The Independent Office of Audits and Investigations shall not destroy any papers or memoranda used to support a completed audit sooner than three years after the audit report is released to the public. All books, papers, records, and correspondence of the office pertaining to its work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 and shall be filed at any of the regularly maintained offices of the Inspector General, except that none of the following items or papers of which these items are a part shall be released to the public by the Inspector General or the employees of the Inspector General: (1) Personal papers and correspondence of any person providing assistance to the Inspector General when that person has requested in writing that their papers and correspondence be kept private and confidential. Those papers and correspondence shall become public records if the written request is withdrawn, or upon the order of the Inspector General. (2) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed. (3) Papers, correspondence, or memoranda pertaining to any audit that has been completed, which papers, correspondence, or memoranda are not used in support of any report resulting from the audit. (4) Any survey of public employees that the Inspector General determines should be kept confidential to deter retaliation if the public employees respond to the survey. (5) Any record of an investigation, including, but not limited to, all investigative files and work product, except that the Inspector General, whenever the Inspector General determines it necessary to serve the interests of the state, may issue a public report of an investigation that has substantiated an improper governmental activity, as defined in Section 8547.2, keeping confidential the identity of the employee or employees involved. The Inspector General may also release any findings or evidence supporting any findings resulting from an investigation conducted pursuant to this chapter whenever the Inspector General determines it necessary to serve the interests of the state. (Amended by Stats. 2021, Ch. 615, Sec. 180. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

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