Government Code

Part 84 of 107 · provisions 16,601–16,800

This act is named the Government Code.

Jurisdiction: United States — California
Instrument: Code
Citation: GOV
Version: Undated source snapshot
Language: en
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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

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66491.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Soils Report [66490 - 66491] ( Article 7 added by Stats. 1974, Ch. 1536. )
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A local ordinance may allow preliminary soils reports to be waived or reviewed, may require more soils investigation in some cases, and may let the local agency approve a subdivision if corrective action will prevent structural damage.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 7. Soils Report [66490 - 66491] ( Article 7 added by Stats. 1974, Ch. 1536. ) ## 66491. With respect to the soils report, a local ordinance may provide that: (a) The preliminary soils report may be waived if the local agency determines that, due to the knowledge it has as to the soils qualities of the soils of the subdivision, no preliminary analysis is necessary. (b) The preliminary soils report may be submitted to the city engineer or county engineer for review. The city engineer or county engineer may review the preliminary soils report and may require additional information or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory. (c) If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required. (d) If the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each potentially affected lot in the subdivision may be required. (e) Any soils investigation required pursuant to this section shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where the soils problem exists. (f) The local agency may approve the subdivision or portion thereof where soils problems described in subdivision (c) or (d) exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure. (Amended by Stats. 1991, Ch. 668, Sec. 1.)
66492.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 8. Taxes and Assessments [66492 - 66494.1] ( Article 8 added by Stats. 1974, Ch. 1536. )
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Before filing a final map or parcel map, the subdivider must file a county-recorder certificate or statement showing there are no unpaid liens for specified taxes or special assessments, except amounts not yet payable.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 8. Taxes and Assessments [66492 - 66494.1] ( Article 8 added by Stats. 1974, Ch. 1536. ) ## 66492. Prior to the filing of the final map or parcel map with the legislative body, the subdivider shall, in accordance with procedures established by the county, file with the county recorder of the county in which any part of the subdivision is located, a certificate or statement from the official computing redemptions in any public agency in which any part of the subdivision is located, showing that, according to the records of that office, there are no liens against the subdivision or any part thereof for unpaid, state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. This section shall not be applicable to amending maps filed in accordance with the provisions of Section 66469. (Amended by Stats. 1993, Ch. 906, Sec. 8. Effective October 8, 1993. Operative January 1, 1994, by Sec. 24 of Ch. 906.)
66493.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 8. Taxes and Assessments [66492 - 66494.1] ( Article 8 added by Stats. 1974, Ch. 1536. )
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A final map or parcel map cannot be recorded if unpaid tax or assessment liens exist until the owner or subdivider files the required tax estimate certificate and security.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 8. Taxes and Assessments [66492 - 66494.1] ( Article 8 added by Stats. 1974, Ch. 1536. ) ## 66493. (a) Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map or parcel map shall not be recorded until the owner or subdivider does both of the following: (1) Files with the clerk of the board of supervisors of the county wherein any part of the subdivision is located a certificate or statement prepared by the appropriate state or local official giving his or her estimate of those taxes or assessments. (2) Executes and files with the clerk of the board of supervisors of the county wherein any part of the subdivision is located, security conditioned upon the payment of all state, county, municipal, and local taxes and the current installment of principal and interest of all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable. (b) If the land being subdivided is a portion of a larger parcel shown on the last preceding tax roll as a unit, the security for payment of taxes need be only for the sum which may be determined by the county to be sufficient to pay the current and delinquent taxes on the land being subdivided, together with all accrued penalties and costs if those taxes have been or are allowed to become delinquent. Separate assessor’s parcel numbers shall be given to the portion of the larger parcel which is not within the proposed subdivision and to the parcel or parcels which are within the proposed subdivision. If the land being subdivided is tax-defaulted, it may be redeemed without the redemption of the remainder of the larger parcel of which it is a part pursuant to the Revenue and Taxation Code as if it were held in ownership separate from and other than the ownership of the remainder. (c) A county may, by ordinance, require that if a property owner or subdivider deposits cash to secure the payment of the estimated taxes or special assessments required in paragraph (a) or (b), the county tax collector shall draw upon the cash deposit, at the request of the taxpayer, to pay the taxes or special assessments when they are payable. (d) A county may, by ordinance, after consultation with the tax collector, waive the requirement to secure the payment of estimated taxes or special assessments, as required by subdivision (a) or (b), for a final parcel map of four or fewer parcels or for a lot line adjustment. (e) Whenever land subject to a special assessment or bond which may be paid in full is divided by the line of a lot or parcel of the subdivision, that assessment or bond shall be paid in full; security shall be filed with the clerk of the board of supervisors, payable to the county as trustee for the assessment bondholders for the payment of the special assessment or bond; or the responsibility for payment of the assessment shall be certified as segregated pursuant to subdivision (f). (f) Whenever land subject to a special assessment for payment of a bond would be divided by the line of a lot or parcel of a subdivision, and the special assessment is not paid in full or secured pursuant to subdivision (e), the final map or parcel map shall not be recorded until the owner or subdivider files with the clerk of the board of supervisors of the county a certificate prepared by the clerk of the legislative body that created the assessment district. The certificate shall certify that the legislative body has determined that provision has been made for segregation of the responsibility of each of the proposed new parcels for a portion of the assessment payment obligation in the manner provided in the statute pursuant to which the assessments were levied or to which the bonds were issued. (g) In computing the amount of security for “taxes” in subdivision (a) or “current taxes” in subdivision (b), it shall only be necessary to consider amounts shown on the regular assessment roll or shown on any supplemental rolls prepared pursuant to Chapter 3.5 (commencing with Section 75) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (h) This section shall not be applicable to amending maps filed in accordance with Section 66469. (Amended by Stats. 1997, Ch. 480, Sec. 1. Effective January 1, 1998.)
66494.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 8. Taxes and Assessments [66492 - 66494.1] ( Article 8 added by Stats. 1974, Ch. 1536. )
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If taxes or special assessments become delinquent, the county and clerk must use the security or its proceeds to pay them, and any balance or excess must be returned or deposited as stated.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 8. Taxes and Assessments [66492 - 66494.1] ( Article 8 added by Stats. 1974, Ch. 1536. ) ## 66494. (a) If the taxes or special assessments are allowed to become delinquent, the county shall recover from the security the principal sum of the security without proof of loss. The county shall apply the sum received in payment of any or all of such taxes or special assessments, including penalties and costs, if any, accruing thereto, to the proper state, county, municipal or district officers, for the satisfaction of the tax and special assessment liens and shall pay the balance, if any, over to the surety or depositor. (b) If the taxes or special assessments are allowed to become delinquent and the security consists of a deposit of money, negotiable bond or instrument of credit, the clerk, subject to any rules of the board of supervisors with respect thereto, shall apply the proceeds thereof to the payment of such taxes and special assessments, including penalties and costs. Any excess proceeds shall be deposited in the county treasury for the benefit of the persons entitled thereto. (c) If authorized by prior agreement with the subdivider or his or her sureties, when secured taxes become due the amount of taxes and special assessments may be paid to the county tax collector from the security deposit, or the negotiable paper or instrument of credit may be cashed and any excess proceeds placed in the county treasury subject to refund claim by the subdivider. (Amended by Stats. 1981, Ch. 392, Sec. 1.)
66494.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 8. Taxes and Assessments [66492 - 66494.1] ( Article 8 added by Stats. 1974, Ch. 1536. )
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The board of supervisors may authorize a county officer by resolution to perform the clerk’s duties under this article.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 8. Taxes and Assessments [66492 - 66494.1] ( Article 8 added by Stats. 1974, Ch. 1536. ) ## 66494.1. The board of supervisors may, by resolution, authorize any county officer to perform the duties required of the clerk of the board of supervisors under this article. (Added by Stats. 1984, Ch. 866, Sec. 4.2.)
66495.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 9. Monuments [66495 - 66498] ( Article 9 added by Stats. 1974, Ch. 1536. )
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For final maps or parcel maps, the engineer or surveyor must place durable monuments, unless the survey is not required under Section 66448, and local agencies must require at least one exterior boundary line to be monumented or referenced before recording.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 9. Monuments [66495 - 66498] ( Article 9 added by Stats. 1974, Ch. 1536. ) ## 66495. At the time of making the survey for the final map or parcel map unless the survey is not required pursuant to Section 66448, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. He shall also set such additional monuments as may be required by local ordinance. The local agency shall require that at least one exterior boundary line of the land being subdivided be adequately monumented or referenced before the map is recorded. (Amended by Stats. 1977, Ch. 234.)
66496.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 9. Monuments [66495 - 66498] ( Article 9 added by Stats. 1974, Ch. 1536. )
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Interior monuments do not have to be set when the map is recorded if the required certification and security are provided.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 9. Monuments [66495 - 66498] ( Article 9 added by Stats. 1974, Ch. 1536. ) ## 66496. Interior monuments need not be set at the time the map is recorded, if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes to the legislative body security guaranteeing the payment of the cost of setting such monuments. (Added by Stats. 1974, Ch. 1536.)
66497.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 9. Monuments [66495 - 66498] ( Article 9 added by Stats. 1974, Ch. 1536. )
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The engineer or surveyor must notify the subdivider and certain officials when final monuments are set, and the subdivider must show proof of payment. The legislative body may also have to pay the surveyor from a deposit and may authorize deposit releases or reductions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 9. Monuments [66495 - 66498] ( Article 9 added by Stats. 1974, Ch. 1536. ) ## 66497. (a) Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the subdivider, and to the city engineer or the county surveyor or any other public official or employee authorized to receive these notices, that the final monuments have been set. (b) Upon payment to the engineer or surveyor for setting the final monuments, the subdivider shall present to the legislative body evidence of the payment and receipt thereof by the engineer or surveyor. In the case of a cash deposit, the legislative body shall pay the engineer or surveyor for the setting of the final monuments from the cash deposit, if so requested by the depositor. (c) If the subdivider does not present evidence to the legislative body that the engineer or surveyor has been paid for the setting of the final monuments, and if the engineer or surveyor notifies the legislative body that payment has not been received from the subdivider for the setting of the final monuments, the legislative body shall, within three months from the date of the notification, pay to the engineer or surveyor from any deposit the amount due. (d) The legislative body may authorize a public officer or employee otherwise qualified to prepare or approve parcel maps or final maps as defined in Title 7 of Division 2 to release or reduce the amount of the cash deposit to pay the engineer or surveyor for setting the final monuments pursuant to the conditions specified in this section. The legislative body may prescribe additional rules related to this authorization. (Amended by Stats. 2015, Ch. 269, Sec. 16. (SB 184) Effective January 1, 2016.)
66498.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 9. Monuments [66495 - 66498] ( Article 9 added by Stats. 1974, Ch. 1536. )
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If the original engineer or surveyor dies, becomes disabled, retires, or refuses to set monuments, the legislative body may direct another surveyor or engineer to do it. The former engineer or surveyor may also release the obligation by letter, and the substitute must amend the filed map when the monuments are set.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4. Requirements [66473 - 66498] ( Chapter 4 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 9. Monuments [66495 - 66498] ( Article 9 added by Stats. 1974, Ch. 1536. ) ## 66498. In the event of the death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the legislative body may direct the county surveyor or city engineer, or such engineer or surveyor as it may select, to set such monuments. If the original engineer or surveyor is replaced by another, the former may, by letter to the county surveyor or city engineer, release his obligation to set the final monuments to the surveyor or engineer who replaced him. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this division in accordance with the provisions of Sections 66469 to 66472, inclusive. All provisions of this article relating to payment shall apply to the services performed by the substituted engineer or surveyor. (Amended by Stats. 1979, Ch. 383.)
66498.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. )
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A local agency can approve or condition a vesting tentative map, and that approval gives vested development rights subject to stated limits.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. ) ## 66498.1. (a) Whenever a provision of this division requires that a tentative map be filed, a vesting tentative map may instead be filed. (b) When a local agency approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66474.2. However, if Section 66474.2 is repealed, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. (c) Notwithstanding subdivision (b), the local agency may condition or deny a permit, approval, extension, or entitlement if it determines any of the following: (1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denial is required in order to comply with state or federal law. (d) The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this section shall be subject to the periods of time set forth in subdivisions (b), (c), and (d) of Section 66498.5. (e) Consistent with subdivision (b), an approved or conditionally approved vesting tentative map shall not limit a local agency from imposing reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies, and standards described in subdivision (b). (Amended by Stats. 1999, Ch. 550, Sec. 22. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.)
66498.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. )
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If certain planning ordinances, policies, or standards change after approval of a vesting tentative map, the subdivider or assignee may apply to amend the map before it expires.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. ) ## 66498.2. If the ordinances, policies, or standards described in subdivision (b) of Section 66498.1 are changed subsequent to the approval or conditional approval of a vesting tentative map, the subdivider, or his or her assignee, at any time prior to the expiration of the vesting tentative map pursuant to subdivisions (b), (c), and (d) of Section 66498.5, may apply for an amendment to the vesting tentative map to secure a vested right to proceed with the changed ordinances, policies, or standards. An application shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought. (Amended by Stats. 1999, Ch. 550, Sec. 23. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.)
66498.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. )
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A subdivider must note zoning inconsistency on a vesting tentative map, and the local agency may deny or condition approval until the zoning change is obtained.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. ) ## 66498.3. (a) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The local agency may deny a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subdivision (b) of Section 66498.1, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved. (b) The rights conferred by this section shall be for the time periods set forth in subdivisions (b), (c), and (d) of Section 66498.5. (Amended by Stats. 1999, Ch. 550, Sec. 24. Effective September 28, 1999. Operative January 1, 2000, by Sec. 33 of Ch. 550.)
66498.4.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. )
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A property owner or designee may seek approvals or permits for development that depart from certain listed ordinances, policies, and standards, and local agencies may grant them if the departures are authorized by applicable law.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. ) ## 66498.4. Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subdivision (b) of Section 66498.1 and subdivision (a) of Section 66498.3, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (Amended by Stats. 1986, Ch. 613, Sec. 4.)
66498.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. )
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This section sets how long vesting tentative map rights last, when they extend, and when a subdivider may seek an extra year or appeal a denial.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. ) ## 66498.5. (a) If a subdivider does not seek the rights conferred by this chapter, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction. (b) The rights conferred by a vesting tentative map as provided by this chapter shall last for an initial time period, as provided by ordinance, but shall not be less than one year or more than two years beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded. (c) The initial time period shall be automatically extended by any time used by the local agency for processing a complete application for a grading permit or for design or architectural review, if the time used by the local agency to process the application exceeds 30 days from the date that a complete application is filed. At any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension. If the extension is denied by an advisory agency, the subdivider may appeal that denial to the legislative body within 15 days. (d) If the subdivider submits a complete application for a building permit during the periods of time specified in subdivision (c), the rights conferred by this chapter shall continue until the expiration of that permit, or any extension of that permit granted by the local agency. (Amended by Stats. 1998, Ch. 689, Sec. 9. Effective January 1, 1999.)
66498.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. )
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This section limits what the chapter changes: local agencies keep their power to protect public health and safety, subdividers still must follow applicable state and federal laws, and local agencies may not disregard those laws.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. ) ## 66498.6. (a) This chapter does not enlarge, diminish, or alter the types of conditions which may be imposed by a local agency on a development, nor in any way diminish or alter the power of local agencies to protect against a condition dangerous to the public health or safety. (b) The rights conferred by this chapter shall relate only to the imposition by local agencies of conditions or requirements created and imposed by local ordinances. Nothing in this chapter removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and requirements of any state or federal laws, regulations, or policies and does not grant local agencies the option to disregard any state or federal laws, regulations, or policies. (Added by Stats. 1984, Ch. 1113, Sec. 8. Operative January 1, 1986, by Sec. 10 of Ch. 1113.)
66498.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. )
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This section limits the chapter to residential developments until December 31, 1987, and later allows an ordinance to treat residential and nonresidential developments differently when setting the expiration period for vesting tentative map rights, but residential periods cannot be shorter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. ) ## 66498.7. (a) Until December 31, 1987, this chapter shall apply only to residential developments. (b) On and after January 1, 1988, an ordinance adopted pursuant to subdivision (g) of Section 66452.6 may differentiate between residential and nonresidential developments in prescribing the initial time period after which the rights conferred by a vesting tentative map shall expire. In no event, however, shall that period be less for residential developments than for nonresidential developments. (Amended by Stats. 1985, Ch. 995, Sec. 1. Section operative January 1, 1986, by Stats. 1984, Ch. 1113, Sec. 10.)
66498.8.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. )
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Cities, counties, and city and counties must adopt implementation ordinances or resolutions for this chapter, and local agencies may charge fees tied to vesting tentative maps.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. ) ## 66498.8. (a) On or before January 1, 1986, a city, county, or city and county shall adopt ordinances or resolutions necessary or appropriate for the implementation of this chapter. (b) If a city, county, or city and county receives a written request to implement this chapter, it shall adopt any ordinances or resolutions it determines necessary or appropriate to implement this chapter. The city, county, or city and county shall adopt the ordinances or resolutions not more than 120 days from the date the request is made and any fee is paid to cover the direct expenses the city, county, or city and county determines it will incur in processing the ordinances or resolutions. The city, county, or city and county may arrange, with the person making the request, to collect fees from subdividers filing vesting tentative maps and to reimburse the person requesting the ordinance or resolution for any costs so advanced by that person. (c) The local agency may charge subdividers who file vesting tentative maps a fee in an amount sufficient to recover the direct costs associated with establishing and adopting ordinances or resolutions pursuant to subdivision (a) or (b). (d) No ordinances or resolutions adopted pursuant to subdivision (a) may require more information than that related to ordinances, resolutions, policies, or standards for the design, development, or improvement relating to the conferred rights, except where necessary: (1) To permit the public agency to make the determination required by Section 21080.1 of the Public Resources Code, as provided by Section 65941. (2) To comply with federal or state requirements. (Amended by Stats. 1989, Ch. 717, Sec. 1.)
66498.9.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. )
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This section states the Legislature’s goals for vesting tentative maps, including protecting certain vested rights for subdividers and setting how local agencies may impose subdivision conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 4.5. Development Rights [66498.1 - 66498.9] ( Chapter 4.5 added by Stats. 1984, Ch. 1113, Sec. 8. ) ## 66498.9. By the enactment of this article, the Legislature intends to accomplish all of the following objectives: (a) To establish a procedure for the approval of tentative maps that will provide certain statutorily vested rights to a subdivider. (b) To ensure that local requirements governing the development of a proposed subdivision are established in accordance with Section 66498.1 when a local agency approves or conditionally approves a vesting tentative map. The private sector should be able to rely upon an approved vesting tentative map prior to expending resources and incurring liabilities without the risk of having the project frustrated by subsequent action by the approving local agency, provided the time periods established by this article have not elapsed. (c) To ensure that local agencies have maximum discretion, consistent with Section 66498.1, in the imposition of conditions on any approvals occurring subsequent to the approval or conditional approval of the vesting tentative map, so long as that discretion is not exercised in a manner which precludes a subdivider from proceeding with the proposed subdivision. (Added by Stats. 1986, Ch. 613, Sec. 5.)
66499.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
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When security is required for a development act or agreement, the developer must provide an approved form of security.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499. (a) Whenever this division or a local ordinance authorizes or requires the furnishing of security in connection with the performance of any act or agreement, if the developer is not a nonprofit corporation described in subdivision (c) of Section 66499.3, the security shall be one of the following at the option of and subject to the approval of the local agency and if the developer is a nonprofit corporation described in subdivision (c) of Section 66499.3, the security shall be one of the following, subject to the approval of the local agency: (1) Bond or bonds by one or more duly authorized corporate sureties. (2) A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys. (3) An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution. (4) A lien upon the property to be divided, created by contract between the owner and the local agency, if the local agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map. (5) Any form of security, including security interests in real property, which is acceptable to the local agency and specified by ordinance thereof. (b) Any contract or security interest in real property entered into as security for performance pursuant to paragraph (4) or paragraph (5) of subdivision (a) shall be recorded with the county recorder of the county in which the subject real property is located. From the time of recordation of the written contract or document creating a security interest, a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in an amount necessary to complete the agreed to improvements. The recorded contract or security document shall be indexed in the Grantor Index to the names of all record owners of the real property as specified on the map and in the Grantee Index to the local agency approving the map. The local agency may at any time release all or any portion of the property subject to any lien or security interest created by this subdivision or subordinate the lien or security interest to other liens or encumbrances if it determines that security for performance is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the completion of agreed upon improvements. (Amended by Stats. 1988, Ch. 1308, Sec. 2.)
66499.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
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This section requires a performance bond form for agreements to install and complete designated public improvements, unless Section 66499.3 applies.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499.1. Except as provided in Section 66499.3, a bond or bonds by one or more duly authorized corporate sureties to secure the faithful performance of any agreement shall be in substantially the following form: Whereas, The Board of Supervisors of the County of ____ (or the City Council of the City of ____), State of California, and ____ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ____, 19_, and identified as project ____, is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and ____, as surety, are held and firmly bound unto the County of ____, (or City of ____) hereinafter called (“____”), in the penal sum of ____ dollars ($____) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless ____, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by county (or city) in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 19_. Appropriate modifications shall be made in such form if the bond is being furnished for the performance of an act not provided for by agreement. (Amended by Stats. 1988, Ch. 1308, Sec. 3.)
66499.10.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
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Depending on the type of improvement security, the claimant may recover by suit against the holder of a deposit, the surety, or the financial institution on the instrument of credit.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499.10. Where the security is conditioned upon the payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement of the performance of an act and takes the form of a deposit of money or negotiable bonds, a suit to recover the amount due the claimant may be maintained against the holder of such deposit. Where the security takes the form of a surety bond, or surety bonds, the right of recovery shall be in a suit against the surety. Where the security takes the form of an instrument of credit, the cause of action shall be against the financial institution obligating itself on such instrument of credit. (Added by Stats. 1974, Ch. 1536.)
66499.11.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
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Subdivided real property may be reverted to acreage under this article.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.11. Subdivided real property may be reverted to acreage pursuant to the provisions of this article. (Added by Stats. 1974, Ch. 1536.)
66499.12.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
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Reversion proceedings may be started by the legislative body on its own motion or by all record owners in the subdivision. The section also allows certain landowners, local agencies, and renewable energy corporations to seek state funding to help cover parcel-merger related costs, but it does not authorize state funds to buy the real property for a parcel merger.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.12. (a) Proceedings for reversion to acreage may be initiated by the legislative body on its own motion or by petition of all of the owners of record of the real property within the subdivision. (b) Nothing in this chapter prohibits a landowner, local agency, or renewable energy corporation authorized to conduct business in this state from seeking financial assistance from eligible state funding sources to defray either of the following costs: (1) The costs of merging parcels, including, but not limited to, escrow costs, on private or public lands pursuant to this chapter. (2) The costs of establishing or administering a joint powers authority established or authorized to merge parcels on private or public lands, including, but not limited to, all eligible costs, for the purpose of siting renewable energy facilities. (c) This section does not authorize the use of state funds for the acquisition of real property for which a parcel merger will be initiated. (Amended by Stats. 2010, Ch. 492, Sec. 2. (SB 1319) Effective January 1, 2011.)
66499.13.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
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A petition must use a form set by the local agency and include specified supporting materials.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.13. The petition shall be in a form prescribed by the local agency and shall contain the following: (a) Adequate evidence of title to the real property within the subdivision. (b) Sufficient data to enable the legislative body to make all of the determinations and findings required by this article. (c) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion. (d) Such other pertinent information as may be required by the local agency. (Added by Stats. 1974, Ch. 1536.)
66499.14.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
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The legislative body may set a processing fee for reversions to acreage, and the fee must be paid by owners when they file the petition or by the requesting persons before proceedings start if the body acts on its own motion.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.14. The legislative body may establish a fee for processing reversions to acreage pursuant to this article in an amount which will reimburse the local agency for all costs incurred in processing such reversion to acreage. Such fee shall be paid by the owners at the time of filing the petition for reversion to acreage, or if the proceedings for reversion to acreage are initiated by the legislative body on its own motion shall be paid by the person or persons requesting the legislative body to proceed pursuant to this article before such initiation of proceedings. (Added by Stats. 1974, Ch. 1536.)
66499.15.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
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A public hearing must be held on the proposed reversion to acreage, and notice must be given as required by Section 66451.3.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.15. A public hearing shall be held on the proposed reversion to acreage. Notice thereof shall be given in the time and manner provided in Section 66451.3. (Added by Stats. 1974, Ch. 1536.)
66499.16.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
Verify source ↗

Subdivided real property may be reverted to acreage only if the legislative body finds certain conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.16. Subdivided real property may be reverted to acreage only if the legislative body finds that: (a) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and (b) Either: (1) All owners of an interest in the real property within the subdivision have consented to reversion; or (2) None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or (3) No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record. (Added by Stats. 1974, Ch. 1536.)
66499.17.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
Verify source ↗

When land reverts, the legislative body must require certain dedications, fee retention, and security or deposit retention if needed for the stated purposes.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.17. As conditions of reversion the legislative body shall require: (a) Dedications or offers of dedication necessary for the purposes specified by local ordinance following reversion. (b) Retention of all previously paid fees if necessary to accomplish the purposes of this division or local ordinance adopted pursuant thereto. (c) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this division of local ordinance adopted pursuant thereto. (Added by Stats. 1974, Ch. 1536.)
66499.18.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
Verify source ↗

A reversion becomes effective when the final map is filed for record by the county recorder, and dedications or offers of dedication not shown on that map then lose force and effect.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.18. Reversion shall be effective upon the final map being filed for record by the county recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect. (Added by Stats. 1974, Ch. 1536.)
66499.19.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
Verify source ↗

When a reversion becomes effective, fees and deposits must be returned to the current owner and improvement security must be released, except amounts kept under Section 66499.17.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.19. When a reversion is effective, all fees and deposits shall be returned to the current owner of the property and all improvement security released, except those retained pursuant to Section 66499.17. (Amended by Stats. 2000, Ch. 506, Sec. 31. Effective January 1, 2001.)
66499.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
Verify source ↗

Before starting the work, the principal must file a payment bond for the benefit of laborers, material suppliers, and other covered claimants.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499.2. A bond or bonds by one or more duly authorized corporate sureties for the security of laborers and material suppliers shall be in substantially the following form: Whereas, The Board of Supervisors of the County of ____ (or City Council of the City of ____), State of California, and ____ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated ____, 20_, and identified as project ____, is hereby referred to and made a part hereof; and Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the County of ____ (or the City of ____) to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. Now, therefore, the principal and the undersigned as corporate surety, are held firmly bound unto the County of ____ (or the City of ____) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of ____ dollars ($____), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by county (or city) in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 20__. (Amended by Stats. 2010, Ch. 697, Sec. 35. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
66499.20.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
Verify source ↗

A tax bond is not required in reversion proceedings.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.20. A tax bond shall not be required in reversion proceedings. (Added by Stats. 1974, Ch. 1536.)
66499.20.1.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
Verify source ↗

A city or county may authorize a parcel map by ordinance to revert eligible land to acreage, and the map must meet filing and certification requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.20.1. A city or county may, by ordinance, authorize a parcel map to be filed under the provisions of this chapter for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under the same ownership. Any map so submitted shall be accompanied by evidence of title and nonuse or lack of necessity of any public streets or public easements which are to be vacated or abandoned. Any public streets or public easements to be left in effect after the reversion shall be adequately delineated on the map. After approval of the reversion by the governing body or advisory agency the map shall be delivered to the county recorder. The filing of the map shall constitute legal reversion to acreage of the land affected thereby, and shall also constitute abandonment of all public streets or public easements not shown on the map, provided however that written notation of each abandonment is listed by reference to the recording data creating those public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. The filing of the map shall also constitute a merger of the separate parcels into one parcel for purposes of this chapter and shall thereafter be shown as such on the assessment roll subject to the provisions of Section 66445. Except as provided in subdivision (f) of Section 66445, on any parcel map used for reverting acreage, a certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map. (Added by renumbering Section 66499.20 1/4 by Stats. 2012, Ch. 162, Sec. 76. (SB 1171) Effective January 1, 2013.)
66499.20.2.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
Verify source ↗

Subdivided land may be merged and resubdivided without reverting to acreage if the subdivision rules and local ordinances are followed.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.20.2. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by this division and any local ordinances adopted pursuant thereto. The filing of the final map or parcel map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this division pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision. Any public streets or public easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the governing body or advisory agency the map shall be delivered to the county recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data creating these public streets or public easements, and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. (Added by renumbering Section 66499.20 1/2 by Stats. 2012, Ch. 162, Sec. 77. (SB 1171) Effective January 1, 2013.)
66499.20.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. )
Verify source ↗

A city or county may, by ordinance, allow contiguous parcels under common ownership to be merged without reverting to acreage, and the ordinance must require recordation of a merger instrument.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Reversion to Acreage [66499.11 - 66499.20.3] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.20.3. A city or county may, by ordinance, authorize the merger of contiguous parcels under common ownership without reverting to acreage. The ordinance shall require the recordation of an instrument evidencing the merger. (Added by renumbering Section 66499.20 3/4 by Stats. 2012, Ch. 162, Sec. 78. (SB 1171) Effective January 1, 2013.)
66499.21.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

The superior court of the county where a subdivision is located may exclude all or part of the subdivision’s property and alter or vacate the recorded map, following this article’s procedures.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.21. The superior court of the county in which a subdivision is situated may cause all or any portion of the real property included within the boundaries of the subdivision to be excluded from such subdivision and the recorded map to be altered or vacated, in accordance with the procedures set forth in this article. (Added by Stats. 1974, Ch. 1536.)
66499.22.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

A petition to exclude land from a subdivision must be filed in the county surveyor’s office and the board of supervisors’ office, describe the property and reasons for exclusion, and be signed and verified by owners of at least two-thirds of the area to be excluded.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.22. A proceeding for exclusion shall be initiated by filing a petition therefor in the offices of the county surveyor and clerk of the board of supervisors of the county in which the subdivision or the portion thereof sought to be excluded is situated. The petition shall accurately and distinctly describe the real property sought to be excluded by reference to the recorded map or by any accurate survey, shall show the names and addresses of all owners of real property in the subdivision or in the portion thereof sought to be excluded as far as the same are known to the petitioners, and shall set forth the reasons for the requested exclusion. The petition shall be signed and verified by the owners of at least two-thirds of the total area of the real property sought to be excluded. (Amended by Stats. 2002, Ch. 221, Sec. 41. Effective January 1, 2003.)
66499.23.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

A petition must include a new map showing the subdivision after the exclusion and alteration.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.23. The petition shall be accompanied by a new map showing the boundaries of the subdivision as it appears after the exclusion and alteration. The new map shall designate as numbered or lettered parcels those portions excluded and show the acreage of each parcel. If the map can be compiled from data available, an actual field survey shall not be required. If the map meets with the approval of the county surveyor, a statement by an engineer or surveyor shall not be required. (Amended by Stats. 1987, Ch. 982, Sec. 23.)
66499.24.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

After a petition is filed, the superior court judge must order the court clerk to give public notice, and any person may file a written objection before the notice period ends.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.24. Upon the filing of a petition pursuant to this article, any judge of the superior court of the county in which the real property is situated shall make an order directing the clerk of the court to give notice of the filing of the petition. The notice shall be for once a week for a period of not less than five consecutive weeks and shall be given by publication in some newspaper of general circulation within the county, or if there is no newspaper published therein, by posting in three of the principal places in the county; provided, that if such real property or any portion thereof is situated within a city, the notice shall be given by publication in some newspaper of general circulation within the city, or if there is no newspaper published therein, by posting in three of the principal places in the city. Such notice shall contain a statement of the nature of the petition together with a direction that any person may file his written objection to the petition at any time before the expiration of the time of publication or posting. Upon expiration of the time of publication or posting, an affidavit showing such publication or posting shall be filed with the clerk of the court. (Added by Stats. 1974, Ch. 1536.)
66499.25.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

The court may hear the petition without further notice if no objection has been filed, and may also exclude the property and order the map changed if the petitioners meet the listed evidence requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.25. The court may, if no objection has been filed, proceed without further notice to hear the petition. If during the hearing the petitioners produce to the court satisfactory evidence of the necessity of the exclusion of the real property, that the owners of two-thirds of the area of the real property sought to be excluded are the petitioners, and that there is no reasonable objection to making such exclusion, the court may proceed to exclude the real property sought to be excluded by the petition, and order the alteration or vacation of the recorded map, and enter its decree accordingly. (Added by Stats. 1974, Ch. 1536.)
66499.26.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

If a material objection is made to the petition, the court must hear it and may adjourn the proceedings with proper notice to the petitioners and objectors.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.26. If objection is made to the petition which, in the judgment of the court is material, the court shall proceed to hear such objection and may adjourn the proceedings to such time as may be necessary upon proper notice to the petitioners and the objectors. (Added by Stats. 1974, Ch. 1536.)
66499.27.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

This section says excluding real property or altering or vacating a recorded map does not affect or vacate any public street or highway, in whole or in part.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.27. The exclusion of any real property or the alteration or vacation of any recorded map pursuant to this article shall not affect or vacate the whole or any part of any public street or highway. (Added by Stats. 1974, Ch. 1536.)
66499.28.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

The county recorder must note on the face of a recorded map that it has been altered or vacated, and include the date and reference of the decree.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.28. A certified copy of the decree of the superior court excluding any real property or ordering the alteration or vacation of any recorded map pursuant to this article shall be recorded in the office of the county recorder of the county in which such real property is situated. The county recorder shall make upon the face of any such recorded map a memorandum stating briefly that such recorded map has been altered or vacated, whichever the case may be, and giving the date and reference of such decree. (Added by Stats. 1974, Ch. 1536.)
66499.29.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. )
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When the court decree is recorded, a copy of the new map must be filed with the county recorder and also with the local agency.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 6. Reversions and Exclusions [66499.11 - 66499.29] ( Chapter 6 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Exclusions [66499.21 - 66499.29] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.29. At the time a certified copy of the decree of court is recorded, a copy of the new map required by Section 66499.23 shall be filed for record with the county recorder who shall file it in accordance with the provisions of Section 66466. A copy of the new map shall also be filed with the local agency. A reference to this map shall be sufficient identification of the real property for reassessment purposes. (Added by Stats. 1974, Ch. 1536.)
66499.3.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
Verify source ↗

Security for an act or agreement must be set at specified percentage ranges, with a nonprofit-funded exception and retention/payment timing rules.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499.3. Security to guarantee the performance of any act or agreement shall be in the following amounts: (a) An amount determined by the legislative body, not less than 50 percent nor more than 100 percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement; and (b) An additional amount determined by the legislative body, not less than 50 percent nor more than 100 percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, to the subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act. (c) Whenever an entity required to furnish security in accordance with subdivisions (a) and (b) is a California nonprofit corporation, funded by the United States of America or one of its agencies, or funded by this state or one of its agencies, the entity shall not be required to comply with subdivisions (a) and (b), if the following conditions are met: (1) A letter or letters of credit are provided pursuant to paragraph (3) of subdivision (a) of Section 66499 for 100 percent of the contract of improvements or the contractor installing the improvements has bonded to the nonprofit corporation and the local agency as coobligee the amount of 100 percent of the contract for the faithful performance of the work, and has further bonded to the nonprofit corporation and the local agency as coobligee an amount of not less than 50 percent of the contract for the payment of labor and materials, and those bonds comply with the provisions of this chapter. (2) All moneys under the control of the nonprofit corporation and payable to the contractor by the nonprofit corporation are deposited in a depository complying with the provisions of this chapter, and out of which moneys progress payments are conditioned upon: (A) The contractor’s certification to the nonprofit corporation that all labor performed in the work, and all materials furnished to and installed in the work, have been paid for in full to the date of the certification. (B) The written approval of the nonprofit corporation. (C) Review and approval of progress payment billings by local government. (D) Final payment to the contractor not being made until 30 days shall have expired after the filing and recording of the notice of completion of the work and acceptance of the work by, and a waiver of lien rights provided by the contractor to, the local agency in writing. (3) All certifications as to progress payments shall be delivered through the United States mail to the nonprofit corporation. The term “progress payments” means payments made in compliance with the schedule of partial payments agreed upon in the contract for the work. No less than 10 percent of the total contract price shall be retained for the 60 days following the filing of the notice of completion. (d) Subject to the limitations of Section 66499.9, an amount determined by the legislative body necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. (Amended by Stats. 1988, Ch. 1308, Sec. 4.)
66499.30.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Prohibition and Penalty [66499.30 - 66499.31] ( Article 1 added by Stats. 1974, Ch. 1536. )
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This section bars selling, leasing, financing, building for sale or lease, or allowing occupancy of parcels that need a final map or parcel map until the map is filed; it also bars certain conveyance descriptions before filing.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Prohibition and Penalty [66499.30 - 66499.31] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.30. (a) No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final map is required by this division or local ordinance, until the final map thereof in full compliance with this division and any local ordinance has been filed for record by the recorder of the county in which any portion of the subdivision is located. (b) No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this division or local ordinance, until the parcel map thereof in full compliance with this division and any local ordinance has been filed for record by the recorder of the county in which any portion of the subdivision is located. (c) Conveyances of any part of a division of real property for which a final or parcel map is required by this division or local ordinance shall not be made by parcel or block number, initial or other designation, unless and until the final or parcel map has been filed for record by the recorder of the county in which any portion of the subdivision is located. (d) Subdivisions (a), (b), and (c) do not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law (including a local ordinance), regulating the design and improvement of subdivisions in effect at the time the subdivision was established. (e) Nothing contained in subdivisions (a) and (b) shall be deemed to prohibit an offer or contract to sell, lease, or finance real property or to construct improvements thereon where the sale, lease, or financing, or the commencement of construction, is expressly conditioned upon the approval and filing of a final subdivision map or parcel map, as required under this division. (f) Nothing in subdivisions (a) to (e), inclusive, shall in any way modify or affect Section 11018.2 of the Business and Professions Code. (g) For purposes of this section, the limitation period for commencing an action, either civil or criminal, against the subdivider or an owner of record at the time of a violation of this division or of a local ordinance enacted pursuant to this division, shall be tolled for any time period during which there is no constructive notice of the transaction constituting the violation, because the owner of record, at the time of the violation or at any time thereafter, failed to record a deed, lease, or financing document with the county recorder. (Amended by Stats. 1987, Ch. 799, Sec. 1.)
66499.31.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Prohibition and Penalty [66499.30 - 66499.31] ( Article 1 added by Stats. 1974, Ch. 1536. )
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A violation of this division by a subdivider or certain record owners can be punished by jail, prison, a fine up to $10,000, or both. Other violations of the division are misdemeanors.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 1. Prohibition and Penalty [66499.30 - 66499.31] ( Article 1 added by Stats. 1974, Ch. 1536. ) ## 66499.31. Each violation of this division by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation shall be punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. Every other violation of this division is a misdemeanor. (Repealed and added by Stats. 1987, Ch. 799, Sec. 3.)
66499.32.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Remedies [66499.32 - 66499.36] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

Certain illegal subdivision conveyances or sales can be voided by the buyer or grantee, and a grantee may sue for damages within one year after discovering the violation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Remedies [66499.32 - 66499.36] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.32. (a) Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this division, or of the provisions of local ordinances enacted pursuant to this division, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of this division or of local ordinances enacted pursuant to the provisions of this division, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or his assignee, heir or devisee. (b) Any grantee, or his successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this division or of local ordinances enacted pursuant thereto, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of this division or of local ordinances enacted pursuant thereto and against any successors in interest who have actual or constructive knowledge of such division of property. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to Section 66499.35 or identified in a recorded final map or parcel map, from and after the date of recording. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law. (Amended by Stats. 1975, Ch. 24.)
66499.33.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Remedies [66499.32 - 66499.36] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

The division does not block available legal, equitable, or summary remedies, and eligible parties may sue in superior court to stop a subdivision, sale, lease, or financing that violates the division or a related local ordinance.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Remedies [66499.32 - 66499.36] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.33. This division does not bar any legal, equitable or summary remedy to which any aggrieved local agency or other public agency, or any person, firm, or corporation may otherwise be entitled, and any such local agency or other public agency, or such person, firm, or corporation may file a suit in the superior court of the county in which any real property attempted to be subdivided or sold, leased, or financed in violation of this division or local ordinance enacted pursuant thereto is located, to restrain or enjoin any attempted or proposed subdivision or sale, lease, or financing in violation of this division or local ordinance enacted pursuant thereto. (Amended by Stats. 1982, Ch. 87, Sec. 29. Effective March 1, 1982.)
66499.34.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Remedies [66499.32 - 66499.36] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

A local agency may not issue development permits or approvals for land divided in violation of subdivision rules when development would threaten public health or safety. It must issue a certificate of compliance on request, and any conditions on approval are limited by this section’s rules and exceptions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Remedies [66499.32 - 66499.36] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.34. No local agency shall issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this division or of the provisions of local ordinances enacted pursuant to this division if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his or her interest in such real property. If a city or a county issues a permit or grants approval for the development of any such real property, it may impose only those conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest in such real property, and which has been established at such time by this division or local ordinance enacted pursuant thereto, except that where the applicant was the owner of record at the time of the initial violation of the provisions of this division or of local ordinances enacted pursuant thereto who, by a grant of the real property created a parcel or parcels in violation of this division or local ordinances enacted pursuant thereto, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of the division or local ordinances enacted pursuant thereto, then the local agency may impose such conditions as would be applicable to a current division of the property, and except that if a conditional certificate of compliance has been filed for record under the provisions of subdivision (b) of Section 66499.35, only such conditions stipulated in that certificate shall be applicable. The issuance of a permit or grant of approval for development of real property, or with respect to improvements that have been completed prior to the time a permit or grant of approval for development was required by local ordinances in effect at the time of the improvement, or with respect to improvements that have been completed in reliance upon a permit or grant of approval for development, shall constitute “real property which has been approved for development,” for the purposes of subdivision (c) of Section 66499.35, and upon request by the person owning the real property or a vendee of such person pursuant to a contract of sale, the local agency shall issue a certificate of compliance for the affected real property. (Amended by Stats. 1984, Ch. 864, Sec. 1.)
66499.35.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Remedies [66499.32 - 66499.36] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

A property owner or vendee may ask a local agency to determine whether real property complies with subdivision laws and local ordinances, and the agency must make that determination.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Remedies [66499.32 - 66499.36] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.35. (a) Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property may request, and a local agency shall determine, whether the real property complies with the provisions of this division and of local ordinances enacted pursuant to this division. If a local agency determines that the real property complies, the city or the county shall cause a certificate of compliance to be filed for record with the recorder of the county in which the real property is located. The certificate of compliance shall identify the real property and shall state that the division of the real property complies with applicable provisions of this division and of local ordinances enacted pursuant to this division. The local agency may impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance. (b) If a local agency determines that the real property does not comply with the provisions of this division or of local ordinances enacted pursuant to this division, it shall issue a conditional certificate of compliance. A local agency may, as a condition to granting a conditional certificate of compliance, impose any conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest therein, and that had been established at that time by this division or local ordinance enacted pursuant to this division, except that where the applicant was the owner of record at the time of the initial violation of the provisions of this division or of the local ordinances who by a grant of the real property created a parcel or parcels in violation of this division or local ordinances enacted pursuant to this division, and the person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation of this division or those local ordinances, then the local agency may impose any conditions that would be applicable to a current division of the property. Upon making the determination and establishing the conditions, the city or county shall cause a conditional certificate of compliance to be filed for record with the recorder of the county in which the real property is located. The certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of these conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with these conditions shall not be required until the time that a permit or other grant of approval for development of the property is issued by the local agency. (c) A certificate of compliance shall be issued for any real property that has been approved for development pursuant to Section 66499.34. (d) A recorded final map, parcel map, official map, or an approved certificate of exception shall constitute a certificate of compliance with respect to the parcels of real property described therein. (e) An official map prepared pursuant to subdivision (b) of Section 66499.52 shall constitute a certificate of compliance with respect to the parcels of real property described therein and may be filed for record, whether or not the parcels are contiguous, so long as the parcels are within the same section or, with the approval of the city engineer or county surveyor, within contiguous sections of land. (f) (1) Each certificate of compliance or conditional certificate of compliance shall include information the local agency deems necessary, including, but not limited to, all of the following: (A) Name or names of owners of the parcel. (B) Assessor parcel number or numbers of the parcel. (C) The number of parcels for which the certificate of compliance or conditional certificate of compliance is being issued and recorded. (D) Legal description of the parcel or parcels for which the certificate of compliance or conditional certificate of compliance is being issued and recorded. (E) A notice stating as follows: This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. (F) Any conditions to be fulfilled and implemented prior to subsequent issuance of a permit or other grant of approval for development of the property, as specified in the conditional certificate of compliance. (2) Local agencies may process applications for certificates of compliance or conditional certificates of compliance concurrently and may record a single certificate of compliance or a single conditional certificate of compliance for multiple parcels. Where a single certificate of compliance or conditional certificate of compliance is certifying multiple parcels, each as to compliance with the provisions of this division and with local ordinances enacted pursuant thereto, the single certificate of compliance or conditional certificate of compliance shall clearly identify, and distinguish between, the descriptions of each parcel. (Amended by Stats. 2002, Ch. 1109, Sec. 8. Effective January 1, 2003.)
66499.36.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Remedies [66499.32 - 66499.36] ( Article 2 added by Stats. 1974, Ch. 1536. )
Verify source ↗

If a local agency knows property was illegally divided, it must mail a notice to the current owner and may later record a notice of violation after the owner’s response period or hearing.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 2. Remedies [66499.32 - 66499.36] ( Article 2 added by Stats. 1974, Ch. 1536. ) ## 66499.36. Whenever a local agency has knowledge that real property has been divided in violation of the provisions of this division or of local ordinances enacted pursuant to this division, it shall cause to be mailed by certified mail to the then current owner of record of the property a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting at which the owner may present evidence to the legislative body or advisory agency why the notice should not be recorded. The notice shall also contain a description of the violations and an explanation as to why the subject parcel is not lawful under subdivision (a) or (b) of Section 66412.6. The meeting shall take place no sooner than 30 days and no later than 60 days from date of mailing. If, within 15 days of receipt of the notice, the owner of the real property fails to inform the local agency of his or her objection to recording the notice of violation, the legislative body or advisory agency shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the local agency shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the legislative body or advisory agency determines that the property has in fact been illegally divided, the legislative body or advisory agency shall record the notice of violation with the county recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index. (Amended by Stats. 1984, Ch. 864, Sec. 2.)
66499.37.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Judicial Review [66499.37 - 66499.38] ( Article 3 added by Stats. 1974, Ch. 1536. )
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A person cannot maintain a subdivision review action unless it is filed and served within 90 days after the decision.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Judicial Review [66499.37 - 66499.38] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 66499.37. Any action or proceeding to attack, review, set aside, void, or annul the decision of an advisory agency, appeal board, or legislative body concerning a subdivision, or of any of the proceedings, acts, or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, including, but not limited to, the approval of a tentative map or final map, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected within 90 days after the date of the decision. Thereafter all persons are barred from any action or proceeding or any defense of invalidity or unreasonableness of the decision or of the proceedings, acts, or determinations. The proceeding shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain, forcible entry, and unlawful detainer proceedings. (Amended by Stats. 2007, Ch. 612, Sec. 9. Effective January 1, 2008.)
66499.38.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Judicial Review [66499.37 - 66499.38] ( Article 3 added by Stats. 1974, Ch. 1536. )
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A superior-court action relating to this division may be sent to mediation under Chapter 9.3.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] ( Chapter 7 added by Stats. 1974, Ch. 1536. ) ## ARTICLE 3. Judicial Review [66499.37 - 66499.38] ( Article 3 added by Stats. 1974, Ch. 1536. ) ## 66499.38. Any action brought in the superior court relating to this division may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030) of Division 1. (Added by Stats. 2010, Ch. 699, Sec. 25. (SB 894) Effective January 1, 2011.)
66499.4.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
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The security must also cover costs, reasonable expenses, and fees, including reasonable attorneys’ fees, when a local agency successfully enforces the secured obligation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499.4. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the local agency in successfully enforcing the obligation secured. (Added by Stats. 1974, Ch. 1536.)
66499.40.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. The Starter Home Revitalization Act of 2021 [66499.40 - 66499.41] ( Chapter 8 added by Stats. 2021, Ch. 154, Sec. 2. )
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This section lets a development proponent submit an application for a small home lot development, and it limits what local agencies can require or deny.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. The Starter Home Revitalization Act of 2021 [66499.40 - 66499.41] ( Chapter 8 added by Stats. 2021, Ch. 154, Sec. 2. ) ## 66499.40. (a) A development proponent may submit an application that allows development of small home lot development, as defined in subdivision (b). (b) A small home lot development for purposes of this section is a development that meets all of the following requirements: (1) The proposed development is located on a lot zoned for multifamily residential development that is no larger than five acres and is substantially surrounded by qualified urban uses. (2) The development proponent proposes to construct single-family housing units on fee simple ownership lots. (3) The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable: (A) If the parcel is identified in the jurisdiction’s housing element pursuant to Section 65583.2, the development will result in at least as many units as projected for that parcel in the housing element. (B) If the parcel is not identified in the jurisdiction’s housing element, the development will result in at least as many units as the maximum allowable residential density, unless the zoning for the site allows for midrange density. (C) If midrange density is specified for the site, the development will result in at least as many units as are allowed under the midrange density standard. (4) The residential properties within a radius of 500 feet of the site are zoned to have an allowable residential density of less than 30 dwelling units per acre. (5) The site complies with the external existing site front, side, and rear setback requirements. (6) The proposed units comply with existing height limits, if applicable. (7) The jurisdiction has adopted a housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1. (8) The proposed site is not identified in the housing element pursuant to Sections 65583 and 65583.2 as a site to accommodate any portion of the jurisdiction’s regional housing need for low-income or very low income households. (9) The average total area of floorspace for the proposed units does not exceed 1,750 net habitable square feet. (10) The development complies with any local inclusionary housing ordinances adopted by the local agency, if applicable. (11) The development of a housing development project on the proposed site to be subdivided does not require the demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (C) Housing occupied by tenants within the seven years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit. (D) A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (c) (1) Except as provided in paragraph (2), the local agency may impose conditions upon a small lot development in accordance with this division that are not in conflict with this section. (2) A local agency shall not impose any of the following requirements on a small home lot development: (A) A setback requirement between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations). (B) A minimum requirement on the size of an individual small home lot created by the development. (C) A requirement that parking be enclosed or covered. (D) The formation of a homeowners’ association. (3) A local agency may condition the approval and recordation of a small lot development upon issuance of a certificate of occupancy or final inspection for all units in the small lot development. (d) A local agency may amend its zoning ordinances or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of a small home lot development if the provisions are not in conflict with the requirements of this section. A local agency may adopt policies, procedures, or other provisions applicable to the creation of a small home lot development that allow for the creation of more housing units than allowed by the requirements of this section. (e) For purposes of this section: (1) “Maximum allowable residential density” means the density allowed under the zoning ordinance, or, if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the multifamily site. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail. (2) “Local inclusionary housing ordinance” means a mandatory requirement, as a condition of the development of residential units, that the development include a certain percentage of residential units affordable to, and occupied by, households with incomes that do not exceed the limits for extremely low, very low, lower, low-, or moderate-income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code. The ordinance may provide alternative means of compliance that may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units. (3) “Qualified urban use” has the same meaning as defined in Section 21072 of the Public Resources Code. (4) “Site” means the proposed location for the small home lot development before it is subdivided into parcels for the small home lot development. (5) “Substantially surrounded” has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code. (6) “Unit” means a single-family housing unit constructed pursuant to this section. (f) The requirements set forth in this section are in addition to, and not an exception from, the requirements set forth in Section 65863. (g) A city, county, or city and county shall approve an application for a small home lot development unless it makes one of the following findings: (1) The small lot development does not meet the requirements of this section. (2) The small lot development does not comply with all requirements of this division that are not in conflict with this section. (3) The small lot development does not comply with all local general plan, zoning, subdivision, and design standards that do not conflict with this section. (4) The small lot development would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the small lot development financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Added by Stats. 2021, Ch. 154, Sec. 2. (AB 803) Effective January 1, 2022.)
66499.41.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. The Starter Home Revitalization Act of 2021 [66499.40 - 66499.41] ( Chapter 8 added by Stats. 2021, Ch. 154, Sec. 2. )
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Local agencies must ministerially review qualifying housing subdivision maps and decide completed applications within 60 days, with approval by default if they miss the deadline.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 8. The Starter Home Revitalization Act of 2021 [66499.40 - 66499.41] ( Chapter 8 added by Stats. 2021, Ch. 154, Sec. 2. ) ## 66499.41. (a) A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements: (1) (A) The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g). (B) The proposed subdivision may designate a remainder parcel, as defined under Section 66424.6, that retains existing land uses or structures, does not contain any new residential units, and is not exclusively dedicated to serving the housing development project. The remainder parcel shall not be counted against the 10-parcel maximum permitted under subparagraph (A). (2) The lot proposed to be subdivided meets all of the following sets of requirements: (A) The lot is one of the following: (i) Zoned to allow multifamily residential dwelling use. (ii) Vacant and zoned for single-family residential development. For purposes of this paragraph, “vacant” means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as “vacant:” (I) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income. (II) Housing that is subject to any form of rent or sales price control through a local public entity’s valid exercise of its police power. (III) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit. (B) (i) A lot zoned to allow multifamily residential dwelling use is no larger than five acres and is substantially surrounded by qualified urban uses. (ii) A vacant lot zoned for single-family residential development is no larger than one and one-half acres and is substantially surrounded by qualified urban uses. (iii) For purposes of this subparagraph, the following definitions apply: (I) “Qualified urban use” has the same meaning as defined in Section 21072 of the Public Resources Code. (II) “Substantially surrounded” has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code. (C) The lot is a legal parcel located within one of the following: (i) An incorporated city, the boundaries of which include some portion of an urbanized area. (ii) An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data. (iii) For purposes of this subparagraph, the following definitions apply: (I) “Urbanized area” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012. (II) “Urban cluster” means an urban cluster designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012. (D) The lot was not established pursuant to this section, including a designated remainder parcel described in subparagraph (B) of paragraph (1), or Section 66411.7. (3) (A) Except as specified in subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet. (B) If the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet. (C) A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision. (4) The housing units on the lot proposed to be subdivided are one of the following: (A) Constructed on fee simple ownership lots. (B) Part of a common interest development. (C) Part of a housing cooperative, as defined in Section 817 of the Civil Code. (D) Constructed on land owned by a community land trust. For the purpose of this subparagraph, “community land trust” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following: (i) Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences. (ii) All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owner’s primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, “qualified owner” means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative. (iii) The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years. (E) Part of a tenancy in common, as described in Section 685 of the Civil Code. (5) The proposed housing development project will, pursuant to the requirements of this division, meet one of the following, as applicable: (A) If the parcel is identified in the jurisdiction’s housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the housing development project will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdiction’s share of the regional housing need for low-income or very low income households, the housing development project will result in at least as many low-income or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years. (B) (i) If the parcel is not identified in the jurisdiction’s housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the housing development project will result in at least 66 percent of the maximum allowable residential density as specified by local zoning or 66 percent of the applicable residential density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is greater. (ii) Where local zoning does not specify a maximum allowable residential density, the housing development project will result in at least 66 percent of the applicable residential density as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. (iii) The area of any designated remainder parcel described in subparagraph (B) of paragraph (1) shall be excluded from the calculation of residential density under this paragraph. (6) The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, “net habitable square feet” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements. (7) The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency. (8) The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income. (B) Housing that is subject to any form of rent or price control through a local public entity’s valid exercise of its police power. (C) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit. (D) A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (9) The lot proposed to be subdivided is not located on a site that is any of the following: (A) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. (B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (C) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. (D) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to former Section 25356 of the Health and Safety Code, unless either of the following applies: (i) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5. (ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses. (E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the housing development project complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. (F) Within a special flood hazard area subject to inundation by the 1-percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A housing development project may be located on a site described in this subparagraph if either of the following is met: (i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. (ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. (G) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the housing development project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. (H) Land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or another adopted natural resource protection plan. (I) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (J) Land under conservation easement. (10) The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. (11) The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28. (12) Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system. (13) The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot. (b) A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with either of the following requirements: (1) A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the housing development project beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a). (2) (A) The formation of a homeowners’ association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). (B) Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement. (c) A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application. (d) Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28. (e) (1) (A) Except as provided in paragraph (2), no person shall sell, lease, or finance any parcel or parcels of real property resulting from a subdivision under this section separately from any other such parcel or parcels, unless each parcel that is sold, leased, or financed meets one of the following criteria: (i) The parcel contains a residential structure completed in compliance with all applicable provisions of the California Building Standards Code that includes at least one dwelling unit. (ii) The parcel already contains an existing legally permitted residential structure. (iii) The parcel is reserved for internal circulation, open space, or common area. (iv) The parcel is the only remaining parcel within the subdivision that is not developed with a residential structure that was completed in compliance with all applicable provisions of the California Building Standards Code. (B) For purposes of this subdivision, “parcel or parcels of real property resulting from a subdivision under this section” shall not include any designated remainder parcel described in subparagraph (B) of paragraph (1) of subdivision (a). (C) Violation of this paragraph shall constitute the sale of real property that has been divided in violation of the provisions of this division and shall be subject to the penalties and remedies set forth in Chapter 7 (commencing with Section 66499.30). (2) A local agency may, by ordinance or map condition, authorize the sale, lease, or finance of any parcel or parcels of real property resulting from a subdivision under this section without compliance with the provisions of paragraph (1). (f) A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (g) Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a). (h) (1) Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section. (2) Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meets both of the following requirements: (A) The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area. (B) The applicable local government has an adopted housing element that is compliant with applicable law. (i) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (Amended (as amended by Stats. 2024, Ch. 294, Sec. 3) by Stats. 2025, Ch. 22, Sec. 28. (AB 130) Effective June 30, 2025.)
66499.5.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
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A local agency may, by ordinance, reduce a subdivider’s improvement security when the contractor provides required bonds for subdivision improvements financed and installed through special assessment proceedings.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499.5. If the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the local agency at its option may provide by local ordinance that, upon the furnishing by the contractor of the faithful performance and labor and material bonds required by the special assessment act being used, the improvement security of the subdivider may be reduced by an amount corresponding to the amount of such bonds so furnished by the contractor. (Added by Stats. 1974, Ch. 1536.)
66499.50.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. )
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This division applies to all counties and to all cities, towns, and villages in the state, whether incorporated or not.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. ) ## 66499.50. This division applies to all counties and, whether incorporated or not, to all cities, towns and villages in this state. (Added by Stats. 1975, Ch. 24.)
66499.51.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. )
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This section defines certain terms and lets the corresponding governing board or authority hire engineers or surveyors if no city engineer or county surveyor is available.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. ) ## 66499.51. As used in this division: (a) “City council or board of supervisors” includes the proper corresponding governing board and authority in each place where the division applies. (b) “City engineer” and “county surveyor” includes the like or corresponding officer, subject to the direction of the corresponding governing board and authority in each place where the division applies. (c) If there is no city engineer or county surveyor subject to such direction, the corresponding board and authority may employ competent engineers and surveyors to the extent necessary for the carrying out of the purposes of this division in the places subject to its jurisdiction, and the persons so appointed shall have the same authority and shall perform the same duties as are given to and enjoined upon city engineers and county surveyors, respectively, in like cases. The services of engineers and surveyors so employed shall be contracted for, examined, passed upon, audited and paid as are other debts contracted by such governing boards and authorities. (Added by Stats. 1975, Ch. 24.)
66499.52.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. )
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This section allows specified local officials to make or review official maps for subdivided land, and requires the applicant to pay related mapping and processing costs.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. ) ## 66499.52. (a) Whenever any city, town or subdivision of land is platted or divided into lots or blocks, and whenever any addition to any city, town or subdivision is laid out into lots or blocks for the purpose of sale or transfer, the city engineer or the county surveyor, under the direction and with the approval of the city council or board of supervisors, may make an official map of the city, town or subdivision, giving to each block on the map a number, and to each lot or subdivision in the block a separate number or letter, and giving names to the streets, avenues, lanes, courts, commons or parks, as may be delineated on the official map. (b) In a city or county which has adopted the procedure prescribed herein, any surveyor or engineer, under the review of the city engineer or county surveyor, may prepare an official map to be filed for record pursuant to subdivisions (d) and (e) of Section 66499.35. The map shall be prepared in accordance with the map format specifications of subdivisions (a) to (f), inclusive, of Section 66434. Payment for the services of the city engineer or county surveyor, and any charges required by local ordinance to be paid for the cost of processing the official map by the city engineer or county surveyor, shall be the responsibility of the applicant. The official map shall include an engineer’s or surveyor’s certificate stating that the map was prepared pursuant to the provisions of this section, and an approval certificate of the city engineer or county surveyor. The certificate shall be signed, and, below or immediately adjacent to the signature, indicate the license or registration number with expiration date of the registered civil engineer or licensed land surveyor preparing and approving the official map. (Amended by Stats. 1988, Ch. 100, Sec. 5.)
66499.53.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. )
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An engineer or surveyor may update an official map, but only under the direction and with the approval of the city council or board of supervisors.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. ) ## 66499.53. The engineer or surveyor, under the direction and with the approval of the city council or board of supervisors, may compile the map from maps on file, or may resurvey or renumber the blocks, or renumber or reletter the lots in the blocks, or change the names of streets. (Added by Stats. 1975, Ch. 24.)
66499.54.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. )
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Maps adopted under this division must be certified by the adopting authority, and the certificate must include the adopting resolution and its adoption date.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. ) ## 66499.54. Each and every map made and adopted under this division shall be certified under the hands of a majority of the members and the presiding officer and secretary and official seal, if any, of the authority adopting the same. The certificate shall set forth in full the resolution adopting the map, with the date of adoption. (Added by Stats. 1975, Ch. 24.)
66499.55.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. )
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Certified maps must be filed with the county recorder and then stored by the recorder for safekeeping.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. ) ## 66499.55. The map, so certified, shall be forthwith filed in the office of the county recorder of the county wherein the platted lands are situate. The recorder shall immediately store maps for safekeeping in a reproducible condition with the proper indexes thereof and appropriately marked for the reception of the maps provided for in this division. (Amended by Stats. 2022, Ch. 427, Sec. 19. (SB 1489) Effective January 1, 2023.)
66499.56.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. )
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A map becomes an official map for this division only after it is certified and filed.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. ) ## 66499.56. The map shall become an official map for all the purposes of this division when certified, and filed, but not before. (Amended by Stats. 2022, Ch. 427, Sec. 20. (SB 1489) Effective January 1, 2023.)
66499.57.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. )
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If the city council or board of supervisors adopts a map under this division as the official map, that map can be used as a sufficient reference for describing lots or blocks in related deeds and other documents.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. ) ## 66499.57. Whenever the city council or board of supervisors adopts a map prepared under this division as the official map of the subdivision, town, city or county, it shall be lawful and sufficient to describe the lots or blocks in any deeds, conveyances, contracts, or obligations affecting any of the lots or blocks as designated on the official map, a reference sufficient for the identification of the map being coupled with the description. (Amended by Stats. 1984, Ch. 193, Sec. 65.)
66499.58.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. )
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Surveys and field notes made by an engineer or surveyor under this division must be filed in the surveyor’s or engineer’s office and become part of the city, town, or county public records.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 3. OFFICIAL MAPS [66499.50 - 66499.58] ( Division 3 added by Stats. 1975, Ch. 24. ) ## 66499.58. All surveys and the field notes thereof made by any engineer or surveyor, under the provisions of this division, or in surveying officially any lots or parcels of land in any city, town or county for the purposes of any map under this division, shall be filed in the office of the surveyor or engineer, as the case may be, and shall become a part of the public records of the city, town or county. (Added by Stats. 1975, Ch. 24.)
66499.6.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
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Money, negotiable bonds, or instruments of credit covered by this section must be treated as trust funds to guarantee performance, and creditors of the depositor cannot enforce a money judgment against them until the secured obligation is satisfied to the local agency’s satisfaction.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499.6. Such money, negotiable bond or instrument of credit shall be a trust fund to guarantee performance and shall not be subject to enforcement of a money judgment by any creditors of the depositor until the obligation secured thereby is performed to the satisfaction of the local agency. (Amended by Stats. 1982, Ch. 497, Sec. 120. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
66499.7.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
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This section tells when and how subdivision improvement security must be released, reduced, or partially released.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499.7. The security furnished by the subdivider shall be released in whole or in part in the following manner: (a) Security given for faithful performance of any act or agreement shall be released upon the performance of the act or final completion and acceptance of the required work. The legislative body may provide for the partial release of the security upon the partial performance of the act or the acceptance of the work as it progresses, consistent with the provisions of this section. The security may be a surety bond, a cash deposit, a letter of credit, escrow account, or other form of performance guarantee required as security by the legislative body that meets the requirements as acceptable security pursuant to law. If the security furnished by the subdivider is a documentary evidence of security such as a surety bond or a letter of credit, the legislative body shall release the documentary evidence and return the original to the issuer upon performance of the act or final completion and acceptance of the required work. In the event that the legislative body is unable to return the original documentary evidence to the issuer, the security shall be released by written notice sent by certified mail to the subdivider and issuer of the documentary evidence within 30 days of the acceptance of the work. The written notice shall contain a statement that the work for which the security was furnished has been performed or completed and accepted by the legislative body, a description of the project subject to the documentary evidence and the notarized signature of the authorized representative of the legislative body. (b) At the time that the subdivider believes that the obligation to perform the work for which security was required is complete, the subdivider may notify the local agency in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the local agency shall have 45 days to review and comment or approve the completion of the required work. If the local agency does not agree that all work has been completed in accordance with the plans and specifications for the improvements, it shall supply a list of all remaining work to be completed. (c) Within 45 days of receipt of the list of remaining work from the local agency, the subdivider may then provide cost estimates for all remaining work for review and approval by the local agency. Upon receipt of the cost estimates, the local agency shall then have 45 days to review, comment, and approve, modify, or disapprove those cost estimates. No local agency shall be required to engage in this process of partial release more than once between the start of work and completion and acceptance of all work; however, nothing in this section prohibits a local agency from allowing for a partial release as it otherwise deems appropriate. (d) If the local agency approves the cost estimate, the local agency shall release all performance security except for security in an amount up to 200 percent of the cost estimate of the remaining work. The process allowing for a partial release of performance security shall occur when the cost estimate of the remaining work does not exceed 20 percent of the total original performance security unless the local agency allows for a release at an earlier time. Substitute bonds or other security may be used as a replacement for the performance security, subject to the approval of the local agency. If substitute bonds or other security is used as a replacement for the performance security released, the release shall not be effective unless and until the local agency receives and approves that form of replacement security. A reduction in the performance security, authorized under this section, is not, and shall not be deemed to be, an acceptance by the local agency of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all required public improvements have been accepted by the local agency and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. (e) The subdivider shall complete the works of improvement until all remaining items are accepted by the local agency. (f) Upon the completion of the improvements, the subdivider, or his or her assigns, shall be notified in writing by the local agency within 45 days. (g) Within 45 days of the issuance of the notification by the local agency, the release of any remaining performance security shall be placed upon the agenda of the legislative body of the local agency for approval of the release of any remaining performance security. If the local agency delegates authority for the release of performance security to a public official or other employee, any remaining performance security shall be released within 60 days of the issuance of the written statement of completion. (h) Security securing the payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials, or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 (commencing with Section 8410) of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code and after acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the legislative body, and if no claims have been recorded, the security shall be released in full. (i) The release shall not apply to any required guarantee and warranty period required by Section 66499.9 for the guarantee or warranty nor to the amount of the security deemed necessary by the local agency for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorney’s fees. (j) The legislative body may authorize any of its public officers or employees to authorize release or reduction of the security in accordance with the conditions hereinabove set forth and in accordance with any rules that it may prescribe. (Amended by Stats. 2015, Ch. 269, Sec. 17. (SB 184) Effective January 1, 2016.)
66499.8.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
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If another agency must approve performance of an obligation, the local agency may not release the security until that agency is satisfied.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499.8. In all cases where the performance of the obligation for which the security is required is subject to the approval of another agency, the local agency shall not release the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction. (Added by Stats. 1974, Ch. 1536.)
66499.9.
## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. )
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Liability on the security is limited to specific work, limited changes, a one-year warranty period, and costs and reasonable fees.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 2. SUBDIVISIONS [66410 - 66499.41] ( Division 2 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 5. Improvement Security [66499 - 66499.10] ( Chapter 5 added by Stats. 1974, Ch. 1536. ) ## 66499.9. Any liability upon the security given for the faithful performance of any act or agreement shall be limited to: (a) The performance of the work covered by the agreement between the subdivider and the legislative body or the performance of the required act. (b) The performance of any changes or alterations in such work; provided, that all such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement. (c) The guarantee and warranty of the work, for a period of one year following completion and acceptance thereof, against any defective work or labor done or defective materials furnished, in the performance of the agreement with the legislative body or the performance of the act. (d) Costs and reasonable expenses and fees, including reasonable attorneys’ fees. (Added by Stats. 1974, Ch. 1536.)
6650.
## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. State Supported Bands or Orchestras [6650- 6650.] ( Chapter 6.5 added by Stats. 1953, Ch. 170. )
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Certain school-supported marching bands and bands/orchestras may perform under specified conditions, and private organizers may not advertise a pending marching-band performance as an added attraction.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6.5. State Supported Bands or Orchestras [6650- 6650.] ( Chapter 6.5 added by Stats. 1953, Ch. 170. ) ## 6650. (a) Any marching band organized by or maintained by any educational institution supported in whole or in part by public funds or granted any tax exemption as an educational institution may furnish music at any athletic event where an admission is charged by any private person, partnership operating for profit, or corporation organized for profit only under the following conditions: (1) The performance is authorized by the governing body of the institution; (2) A band or orchestra of not less than the number of professional musicians customarily engaged for the athletic event in the particular auditorium, stadium, or place of performance or 15 professional union musicians, whichever is greater, is employed to furnish music at the event; and (3) Neither the person, partnership, or corporation, nor the agent thereof, advertises or makes known to the public by any means or through any medium the pending performance of such marching band as an added attraction to the event itself; provided, however, that any person by any means or through any medium including radio or television may identify such marching band to the public at the actual moment of performance or thereafter. (b) Any band or orchestra organized by or maintained by any institution supported in whole or in part by public funds or granted any tax exemption as an educational institution may furnish music at any activity of any other such institution when authorized by its governing board. It is the intention of the Legislature to encourage the musicianship of California’s student bandsmen in marching bands but in no way to reduce employment opportunities for professional musicians. Private employers of professional musicians are to be advised that the Legislature intends to encourage such employers to invite California’s student marching bands to perform but not to regard such specialized marching performances as providing a substitute for the performance of regularly employed professional musicians which would ordinarily be required by such employers for such admission-paid events, in the absence of any performance at the same event by a student marching band. (Amended by Stats. 1969, Ch. 1266.)
66500.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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This title is called the Metropolitan Transportation Commission Act.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66500. This title shall be known as the Metropolitan Transportation Commission Act. (Repealed and added by Stats. 1970, Ch. 891.)
66502.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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This section creates the Metropolitan Transportation Commission as a local area planning agency.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66502. There is hereby created, as a local area planning agency and not as a part of the executive branch of the state government, the Metropolitan Transportation Commission to provide comprehensive regional transportation planning for the region comprised of the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma. As used in this title, “region” means the region described in this section. (Amended by Stats. 1971, Ch. 1652.)
66503.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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This section sets how the Metropolitan Transportation Commission is made up and who appoints its members.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66503. The commission shall consist of 21 members as follows: (a) Two members each from the City and County of San Francisco and the Counties of Contra Costa and San Mateo, and three members each from the Counties of Alameda and Santa Clara. With respect to the members from the City and County of San Francisco, the mayor shall appoint one member and the board of supervisors shall appoint one member. With respect to the members from Alameda, Contra Costa, San Mateo, and Santa Clara Counties, the city selection committee organized in each county pursuant to Article 11 (commencing with Section 50270) of Chapter 1 of Part 1 of Division 1 of Title 5, shall appoint one member and the board of supervisors shall appoint one member. The Mayor of the City of Oakland shall be self-appointed or shall appoint a member of the Oakland City Council to serve as the third member from the County of Alameda. The Mayor of the City of San Jose shall be self-appointed or shall appoint a member of the San Jose City Council to serve as the third member from the County of Santa Clara. (b) One member each from Marin, Napa, Solano, and Sonoma Counties. The city selection committee of these counties shall furnish to the board of supervisors the names of three nominees and the board of supervisors shall appoint one of the nominees to represent the county. (c) One representative each appointed by the Association of Bay Area Governments and the San Francisco Bay Conservation and Development Commission. The representative appointed by the San Francisco Bay Conservation and Development Commission shall be a member of the commission and a resident of the City and County of San Francisco, and shall be approved by the Mayor of San Francisco. (d) One representative, who shall be a nonvoting member, appointed by the Secretary of Transportation. (e) One representative each appointed by the United States Department of Transportation and Department of Housing and Urban Development. However, these representatives shall serve only if the agencies they represent are amenable to these appointments. These representatives shall be nonvoting members. (f) Public officers, whether elected or appointed, may be appointed and serve as members of the commission during their terms of public office. (g) No more than three members appointed pursuant to subdivisions (a), (b), and (c) shall be residents of the same county. (Amended by Stats. 2013, Ch. 352, Sec. 315. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
66504.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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Commissioners generally serve four-year terms, with a special initial end date in February 2015 for certain Oakland and San Jose appointees.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66504. Each commissioner’s term of office is four years; provided, however, that the commissioners appointed by the Mayor of the City of Oakland and the Mayor of the City of San Jose shall have an initial term of office ending in February 2015. A commissioner appointed as a public officer vacates his or her commission seat upon ceasing to hold such public office unless the appointing authority consents to completion of the term of office. Commissioners shall be selected for their special familiarity with the problems and issues in the field of transportation. (Amended by Stats. 2012, Ch. 88, Sec. 2. (AB 57) Effective January 1, 2013.)
66504.1.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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Commission members serve without compensation but can be reimbursed for actual and necessary expenses, or receive a $100 per diem for meetings instead, subject to a five-meeting monthly cap. The commission pays the costs under this section.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66504.1. The members shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties. However, in lieu of this reimbursement for attendance at commission or committee meetings, each member of the commission may receive a per diem of one hundred dollars ($100), but not to exceed a combined total of five meetings in any one calendar month, plus the necessary traveling expenses as may be authorized by the commission. The commission shall pay all costs pursuant to this section. (Amended by Stats. 1984, Ch. 1257, Sec. 2.)
66505.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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The commission must appoint an executive director, and the executive director must appoint necessary employees with the commission’s approval.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66505. The commission shall appoint an executive director who shall have charge of administering the affairs of the commission, subject to the direction and policies of the commission. The executive director shall, subject to the approval of the commission, appoint such employees as may be necessary to carry out the functions of the commission. (Repealed and added by Stats. 1970, Ch. 891.)
66506.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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The commission may accept funding, appoint committees, hire professional services, and do other things needed to carry out the title.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66506. The commission may: (a) Accept grants, contributions, and appropriations from any public agency, private foundation, or individual. (b) Appoint committees from its membership and appoint advisory committees from other interested public and private groups. (c) Contract for or employ any professional services required by the commission or for the performance of work and services which in its opinion cannot satisfactorily be performed by its officers and employees or by other federal, state, or local governmental agencies. (d) Do any and all other things necessary to carry out the purposes of this title. (Repealed and added by Stats. 1970, Ch. 891.)
66507.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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The commission must take over the planning and related responsibilities of the named transportation study bodies.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66507. The commission shall assume the planning and related responsibilities of the Bay Area Transportation Study Commission and its interim successor, the Regional Transportation Planning Committee. The files and planning data of the two organizations shall be transferred to the commission. (Repealed and added by Stats. 1970, Ch. 891.)
66508.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission must adopt a regional transportation plan for the region by June 30, 1973.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66508. The commission shall adopt, by June 30, 1973, a regional transportation plan for the region. Prior to the adoption of such a plan, the operation, construction, and modification of those transportation systems under the purview of the commission may be undertaken without the approval of the commission. (Repealed and added by Stats. 1970, Ch. 891.)
66509.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

When developing the regional transportation plan, the commission must consider specified plans and the regional impacts of transportation systems.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66509. In developing the regional transportation plan, the commission shall consider: (a) The plan recommended by the Bay Area Transportation Study Commission, with such modifications recommended by the Regional Transportation Planning Committee. (b) The ecological, economic, and social impact of existing and future regional transportation systems upon various facets of the region, including, but not limited to, housing, employment, recreation, environment, land-use policies, and the economically disadvantaged. (c) The regional plans prepared and adopted by organizations concerned with policies and programs designed to meet the near- and long-term planning needs of the region. Such consideration by the commission shall include, but not be limited to, plans prepared and adopted by the Association of Bay Area Governments, the San Francisco Bay Conservation and Development Commission, and the State Office of Planning. (Repealed and added by Stats. 1970, Ch. 891.)
66510.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The regional transportation plan must include listed highway, bridge, and mass transit segments, and the commission must pay particular attention to how transportation modes connect.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66510. The regional transportation plan shall include, but not be limited to, the following segments of the regional transportation system: (a) The national system of interstate and defense highways, the California freeway and expressway system, and other highways within the state highway system. (b) The transbay bridges. (c) Mass transit systems. The commission shall pay particular attention to the interfacing of the various modes of transportation. (Repealed and added by Stats. 1970, Ch. 891.)
66511.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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The regional transportation plan must include a 10-year estimate of regional transportation needs and a project-based schedule of priorities for construction, modification, and maintenance to meet those needs.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66511. The regional transportation plan shall also include an estimate of the regional transportation needs during the ensuing 10 years and a schedule of priorities for the construction, modification, and maintenance of various segments of the regional transportation system on a project basis to meet such needs. (Repealed and added by Stats. 1970, Ch. 891.)
66512.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The regional transportation plan must include a financial plan for the system.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66512. In addition, the regional transportation plan shall include a financial plan for the regional transportation system. The financial plan shall include a proposal for each segment of the system, including the amount and sources of revenues necessary to construct and operate that segment. In developing the financial plan, the commission shall consider various sources of revenues, without regard to any constraints imposed by law on expenditures from such sources, necessary to assure adequate financing of the system and, if necessary, recommend appropriate legislation to the Legislature to secure such financing. (Repealed and added by Stats. 1970, Ch. 891.)
66513.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission must continuously review the regional transportation plan and adopt revisions when needed.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66513. The regional transportation plan shall be subjected to continuous review by the commission, with revisions prepared as the need may arise. The commission shall adopt revisions to the plan, consistent with Section 65080. (Amended by Stats. 2006, Ch. 673, Sec. 2. Effective January 1, 2007.)
66513.5.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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The commission must submit a report to the Legislature by March 31, 2026, about ridership impacts from planned transportation projects and strategies in its regional transportation plan.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66513.5. (a) The commission shall submit a report to the Legislature on or before March 31, 2026, on its forecast of the impacts to ridership on the Alameda-Contra Costa Transit District, the Peninsula Corridor Joint Powers Board, the San Francisco Bay Area Rapid Transit District, and the San Francisco Municipal Transportation Agency from planned transportation projects and strategies included in its adopted regional transportation plan, with an emphasis on rail connectivity projects that may increase ridership, reduce operating costs, or help with enhanced mobility. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. (2) Pursuant to Section 10231.5, this section is inoperative on March 31, 2030, and, as of January 1, 2031, is repealed. (Added by Stats. 2025, Ch. 740, Sec. 3. (SB 63) Effective January 1, 2026. Inoperative March 31, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.)
66514.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

A transbay bridge in the region may not be started without the commission’s approval.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66514. The construction of any transbay bridge in the region shall not be commenced without the approval of the commission. This section shall not apply to modifications of existing bridges, except modifications which provide for the construction of additional lanes of traffic on existing bridges or for the construction of rapid transit facilities on existing bridges. (Amended by Stats. 1982, Ch. 681, Sec. 23.)
66515.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

A proposed public multicounty transit system using an exclusive right-of-way in the region cannot be constructed or operated unless the commission approves it.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66515. No public multicounty transit system using an exclusive right-of-way which is proposed to be constructed within the region shall be constructed or operated without the approval of the commission. (Amended by Stats. 1982, Ch. 681, Sec. 24.)
66515.5.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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A public multicounty transit system in the region that uses an exclusive right-of-way must use physical characteristics compatible with BART and must provide for unified management and operation of connecting facilities.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66515.5. Any public multicounty transit system entirely within the region using an exclusive right-of-way shall incorporate physical characteristics compatible with the system of the San Francisco Bay Area Rapid Transit District, and provision shall be made for the unified management and operation of any interconnecting facilities. (Added by Stats. 1972, Ch. 865.)
66516.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission must adopt coordination rules for fares and schedules and must require every system to sign a joint fare revenue sharing agreement with connecting systems.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66516. The commission, in coordination with the regional transit coordinating council established by the commission pursuant to Section 29142.4 of the Public Utilities Code, shall adopt rules and regulations to promote the coordination of fares and schedules for all public transit systems within its jurisdiction. The commission shall require every system to enter into a joint fare revenue sharing agreement with connecting systems consistent with the commission’s rules and regulations. (Amended by Stats. 1996, Ch. 256, Sec. 1. Effective January 1, 1997.)
66516.5.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission may identify transit functions that could be consolidated and recommend service improvements for regional transit corridors.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66516.5. The commission may do the following: (a) In consultation with the regional transit coordinating council, identify those functions performed by individual public transit systems that could be consolidated to improve the efficiency of regional transit service, and recommend that those functions be consolidated and performed through inter-operator agreements or as services contracted to a single entity. (b) Improve service coordination and effectiveness in those transit corridors identified as transit corridors of regional significance by the commission in consultation with the regional transit coordinating council by recommending improvements in those corridors, including, but not limited to, reduction of duplicative service and institution of coordinated service across public transit system boundaries. (Added by Stats. 1996, Ch. 256, Sec. 2. Effective January 1, 1997.)
66517.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission must provide all available assistance to regional transit systems run by a city or public agency.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66517. The commission shall render all available assistance to transit systems operated within the region by any city or public agency to ensure adequate feeder service to public multicounty transit systems. (Added by Stats. 1970, Ch. 891.)
66517.5.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission must set transit service objectives, performance measures, data requirements, and procedures for regional transportation priorities, and transit operators must file quarterly revenue and expenditure reports and submit annual budgets for review.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66517.5. The commission shall develop regional transit service objectives, develop performance measures of efficiency and effectiveness, specify uniform data requirements to assess public transit service benefits and costs, and formulate procedures for establishing regional transportation priorities in the allocation of funds for transportation purposes. The commission shall also establish and maintain standards relating to: (a) A standardized reporting and accounting system under which public transit operators shall make quarterly reports to the commission on their revenues and expenditures and submit their annual proposed and adopted budgets for comment and evaluation. The system shall be consistent with the uniform system of accounts and records adopted by the State Controller pursuant to Section 99243 of the Public Utilities Code. (b) Maintenance of established levels of local support for public transit system operations. (c) Operating efficiency and cost control. (Added by Stats. 1977, Ch. 1204.)
66518.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

When funding state highway construction within the region, the California Transportation Commission must follow the regional transportation plan and its priority schedule, but it may depart from them for an overriding statewide interest.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66518. When allocating funds for construction on the state highway system within the region, the California Transportation Commission shall conform to the regional transportation plan and the schedule of priorities for such construction included therein. The California Transportation Commission, however, may deviate from the regional transportation plan and the schedule of priorities established for construction on the interstate system and the state highway system within the region because of an overriding statewide interest. (Amended by Stats. 1980, Ch. 212.)
66520.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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Certain local government grant applications with a transportation element must first be submitted to the commission for review, and the commission may forward only applications that fit the regional transportation plan.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66520. Any application to the federal or state government for any grant of money, whether an outright or a matching grant, by any county, city and county, city, or transportation district within the region shall, if it contains a transportation element, first be submitted to the commission for review as to its compatibility with the regional transportation plan. The commission shall approve and forward only those applications that are compatible with the plan. Review by the commission, however, is not required where revenues derived from the Motor Vehicle Fuel License Tax Law are subvented to local governmental entities in accordance with statutory provisions. (Added by Stats. 1970, Ch. 891.)
66521.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission and related agencies must negotiate funding agreements for transportation planning, and local governments may use certain fee apportionments for those purposes.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66521. (a) It is the intention of the Legislature that the federal government, the state, and local agencies in the region will participate in support of the commission. The Legislature further intends that financial support of the activities of the commission will be made available from federal, state, and local sources normally available for transportation and general planning purposes in the region. (b) The commission and the Transportation Agency shall negotiate contracts or agreements whereby federal-aid highway funds available for planning, and the necessary state matching funds from the State Highway Account in the State Transportation Fund, may be made available for support of the activities of the commission insofar as they relate to highway, road, and street planning for the region. (c) The commission shall also negotiate, either directly or through the Office of Planning and Research or other appropriate agency, with the United States Department of Housing and Urban Development for grants or contributions of federal funds which may be available to support the study and planning activities of the commission. (d) The commission shall negotiate equitable agreements with the City and County of San Francisco, and other counties and cities within the region, the Association of Bay Area Governments, the San Francisco Bay Area Rapid Transit District, the Alameda-Contra Costa Transit District, and the Golden Gate Bridge, Highway and Transportation District for the contribution of funds or services for the general support of the activities of the commission and for required matching of federal funds as may be made available. Any county, city and county, or city may use its apportionments from the Motor Vehicle License Fee Account in the Transportation Tax Fund for these purposes. (Amended by Stats. 2013, Ch. 352, Sec. 316. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
66522.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission must merge with or join a multifunctional regional government organization if it has transportation planning responsibilities, and it must do so within one year after the organization is created.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66522. The commission shall merge with or otherwise join any multifunctional regional government organization, if it has transportation planning responsibilities, within one year of the creation of such an organization. (Added by Stats. 1970, Ch. 891.)
66525.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission must administer any county transportation expenditure plan that includes a provision for the commission to implement a retail transactions and use tax.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66525. The commission shall administer any county transportation expenditure plan which includes a provision that the commission shall implement a retail transactions and use tax pursuant to Division 12.5 (commencing with Section 131000) of the Public Utilities Code. (Added by Stats. 1986, Ch. 301, Sec. 1. Effective July 14, 1986.)
66530.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission must keep working to help develop adequate funding sources for transportation projects it considers essential.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66530. The commission shall continue to actively, on behalf of the entire region, seek to assist in the development of adequate funding sources to develop, construct, and support transportation projects that it determines essential. (Added by Stats. 1986, Ch. 301, Sec. 2. Effective July 14, 1986.)
66531.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

This section lets counties, cities, and transit operators work together on county transportation plans, and requires the commission and counties to carry out several planning and coordination steps.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66531. (a) Each county within the jurisdiction of the commission, together with the cities and transit operators within the county, may, every two years, develop and update a transportation plan for the county and the cities within the county. The county transportation plan shall be submitted to the commission by the agency that has been designated as the agency responsible for developing, adopting and updating the county’s congestion management program pursuant to Section 65089, unless, not later than January 1, 1995, another public agency is designated by resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. Nothing in this section requires additional action by the cities and county, if a joint powers agreement delegates the responsibility for the county transportation plan to the agency responsible for developing, adopting, and updating the county’s congestion management program pursuant to Section 65089. (b) The county transportation plans shall be consistent with, and provide a long-range vision for, the congestion management programs in the San Francisco Bay area prepared pursuant to Section 65089. The county transportation plans shall also be responsive to the planning factors included in Section 134 of the federal Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240). (c) The commission, in consultation with local agencies, shall develop guidelines to be used in the preparation of county transportation plans. These guidelines shall be consistent with the commission’s preparation of the regional transportation plan pursuant to Section 65081. These plans shall include recommendations for investment necessary to mitigate the impact of congestion caused by an airport that is owned by the county, or city and county, and located in another county. The plans may include, but are not limited to, the following: (1) Recommendations for investments necessary to sustain the effectiveness and efficiency of the county portion of the metropolitan transportation system, as defined cooperatively by the commission and the agency designated pursuant to Section 65089. (2) Consideration of transportation system and demand management strategies which reinforce the requirements contained in Section 65089. (3) Consideration of transportation impacts associated with land use designations embodied in the general plans of the county and cities within the county and projections of economic and population growth available from the Association of Bay Area Governments. (4) Consideration of strategies that conserve existing transportation system capacity, such as pricing policies or long-term land use and transportation integration policies jointly developed by the commission and the agencies designated pursuant to Section 65089. (5) Consideration of expected transportation revenues as estimated by the commission, the impact of these estimated revenues on investment recommendations, and options for enhanced transportation revenues. (d) The commission shall adopt revised guidelines not later than January 1, 1995. (e) The county transportation plan shall include recommended transportation improvements for the succeeding 10- and 20-year periods. (f) The county transportation plans shall be the primary basis for the commission’s regional transportation plan and shall be considered in the preparation of the regional transportation improvement program. To provide regional consistency, the county transportation plans shall consider the most recent regional transportation plan adopted by the commission. Where the counties’ transportation plans conflict, the commission may resolve the differences as part of the regional transportation plan. The commission shall add proposals and policies of regional significance to the regional transportation plan. (g) With the consent of the commission, a county may have the commission prepare its county transportation plan. (h) The counties, together with the commission, shall jointly develop a funding strategy for the preparation of each county’s transportation plan. (Amended by Stats. 1994, Ch. 25, Sec. 2. Effective January 1, 1995.)
66532.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission must develop an emergency transportation system management plan for earthquake-damaged highway reconstruction.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66532. The commission shall develop an emergency transportation system management plan which defines the continuing emergency services required during reconstruction of highway facilities which have been rendered inoperable by the earthquake. The plan shall be in effect for the period of time needed to restore the damaged sections of State Route 880 in the County of Alameda and State Route 280 and the Embarcadero Freeway in the City and County of San Francisco. It is the intent of the Legislature that funding shall be provided for those services by subsequent actions of the Legislature. (Amended by Stats. 1990, 1st Ex. Sess., Ch. 28, Sec. 2. Effective August 14, 1990.)
66535.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The commission must set transportation performance criteria by July 1, 2003 and adopt goals and measurable objectives for planning corridors and subcorridors.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66535. (a) Not later than July 1, 2003, the commission shall establish performance measurement criteria on both a project and corridor level to evaluate all new transportation projects and programs (investments) that have not yet been identified as “Track One Investments” in the 2002 regional transportation plan. These performance measures shall apply to proposed projects, and the impact those projects will have on their respective corridors. The commission shall utilize these performance measurements to evaluate and prioritize alternative transportation investments in order to meet the goals and objectives for each corridor for inclusion in the 2004 regional transportation plan. (b) The commission shall adopt goals and measurable objectives for planning corridors and subcorridors delineated by the commission. These goals and objectives shall be compatible and consistent with the requirements of the performance measurement criteria established by the commission pursuant to subdivision (a) for inclusion in the 2004 regional transportation plan. (c) Any costs associated with this section incurred by the commission shall be paid solely from funds provided pursuant to Section 99233.2 of the Public Utilities Code. If there is insufficient funding from this source, the commission is not required to perform the functions described in this section. (Added by Stats. 2002, Ch. 470, Sec. 1. Effective January 1, 2003.)
66536.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

This section says ABAG, MTC, and the Bay Area Air Quality Management District have worked together on regional planning, transportation, and air quality, and it directs that the air district be included on the joint policy committee.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66536. The Legislature finds and declares the following: (a) The Association of Bay Area Governments, known as ABAG for the purposes of this section and Section 66536.1, and the Metropolitan Transportation Commission have collaborated on regional coordination. (b) ABAG and MTC formed the “ABAG-MTC Task Force” in 2003 to review methods to improve comprehensive regional planning, including possible organizational and structural changes to ABAG and MTC. (c) The ABAG-MTC Task Force agreed to set aside the issue of a merger between the ABAG and MTC and to develop a better structure for coordinated regional planning. (d) The ABAG-MTC Task Force agreed to create a joint policy committee to develop staff support for that committee and to work on short- and long-term goals. Formation of the joint policy committee can result in substantial real progress in resolving regional transportation problems. (e) The ABAG-MTC Task Force members agreed that structural changes were required in the working relationship between ABAG and MTC, and that the joint policy committee should have a substantial role in facilitating progress on regional transportation matters. (f) There is a history of cooperation and coordination among the Bay Area Air Quality Management District, ABAG, and MTC. (g) The three agencies are collectively responsible for developing and adopting air quality plans for national ambient air quality standards. (h) Based on this history and collective involvement, and the interrelation between land use, transportation, and air quality, the Bay Area Air Quality Management District should be included as a represented agency on the joint policy committee by June 30, 2005. If the Bay Area Air Quality Management District has not been included by June 3, 2005, the Bay Area Air Quality Management District shall be included as a represented agency with an equal number of committee members. (Added by Stats. 2004, Ch. 791, Sec. 1. Effective January 1, 2005.)
66536.1.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
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The joint policy committee must prepare a feasibility report, coordinate planning document drafting, include county representation in its membership, and ensure a majority of certain appointed members are locally elected officials after January 1, 2011.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66536.1. (a) The joint policy committee shall prepare a report analyzing the feasibility of consolidating functions separately performed by ABAG and MTC. The report shall be reviewed and approved by MTC and the ABAG executive board and submitted to the Legislature by January 1, 2006. (b) The combined membership of the joint policy committee shall include at least one representative from each of the nine regional counties: Alameda, Contra Costa, Marin, Napa, Sonoma, San Mateo, San Francisco, Santa Clara, and Solano. Effective January 1, 2011, a majority of the representatives appointed to the joint policy committee by the San Francisco Bay Conservation and Development Commission shall be locally elected officials. (c) The joint policy committee shall coordinate the development and drafting of major planning documents prepared by ABAG, MTC, the Bay Area Air Quality Management District, and the San Francisco Bay Conservation and Development Commission, including reviewing and commenting on major interim work products and the final draft comments prior to action by ABAG, MTC, the Bay Area Air Quality Management District, and the San Francisco Bay Conservation and Development Commission. These documents include, but are not limited to, the following: (1) Beginning with the next plan update scheduled to be adopted in 2008, the regional transportation plan prepared by MTC and described in Section 66508 of the Government Code. (2) The ABAG Housing Element planning process for regional housing needs pursuant to Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7. (3) The Bay Area Air Quality Management District’s Ozone Attainment Plan and Clean Air Plan. (4) The San Francisco Bay Plan and related documents. (Amended by Stats. 2008, Ch. 442, Sec. 1. Effective January 1, 2009.)
66536.2.
## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. )
Verify source ↗

The joint policy committee must add the San Francisco Bay Conservation and Development Commission as a represented agency by January 1, 2009.

## Government Code - GOV ## TITLE 7.1. METROPOLITAN TRANSPORTATION COMMISSION [66500 - 66536.2] ( Title 7.1 repealed and added by Stats. 1970, Ch. 891. ) ## 66536.2. (a) The Legislature finds and declares: (1) The Association of Bay Area Governments, the Bay Area Air Quality Management District, and the Metropolitan Transportation Commission have been working together through a joint policy committee to coordinate and improve the quality of land use, transportation, and air quality planning in the Bay Area. (2) The San Francisco Bay Conservation and Development Commission has comprehensive planning and regulatory authority in all nine Bay Area counties for the San Francisco Bay, Suisun Marsh, their respective shorelines, certain waterways, salt ponds, and managed wetlands, and through that authority plays a critical role in the land use and transportation future of the Bay Area. (3) The San Francisco Bay Conservation and Development Commission has an active interest in regional planning, as it has expressed a desire to join the joint policy committee, and the joint policy committee has determined it would benefit by adding the San Francisco Bay Conservation and Development Commission as a member. (b) The joint policy committee shall include the San Francisco Bay Conservation and Development Commission as a represented agency with an equal number of committee members as other represented agencies by January 1, 2009. (Added by Stats. 2008, Ch. 442, Sec. 2. Effective January 1, 2009.)
66540.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 1. Findings and Declarations of Policy [66540 - 66540.2] ( Chapter 1 added by Stats. 2007, Ch. 734, Sec. 2. )
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This section says the title may be known and cited as the San Francisco Bay Area Water Emergency Transportation Response and Disaster Recovery Act.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 1. Findings and Declarations of Policy [66540 - 66540.2] ( Chapter 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540. This title shall be known and may be cited as the San Francisco Bay Area Water Emergency Transportation Response and Disaster Recovery Act. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.1.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 1. Findings and Declarations of Policy [66540 - 66540.2] ( Chapter 1 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

This section explains the Legislature’s findings that the San Francisco Bay area needs a coordinated regional water transportation system for emergency response and disaster recovery.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 1. Findings and Declarations of Policy [66540 - 66540.2] ( Chapter 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.1. The Legislature hereby finds and declares all of the following: (a) In 1999, based on the findings and analyses in a study sponsored by the Bay Area Council, the Legislature created the San Francisco Bay Area Water Transit Authority for purposes of preparing a bay area water transit implementation and operations plan and operating a comprehensive regional public water transportation system. In 2002, after two years of study, public hearings, collaboration with existing bay area transit and public transportation ferry service providers, and peer review, the San Francisco Bay Area Water Transit Authority submitted the required plan to the Legislature. The plan included rationale for expanded ferries, ridership projections and routes, potential terminal locations, capital, operating and maintenance costs, vessel specification, and emergency and safety response capabilities. (b) While the efforts of the existing San Francisco Bay Area Water Transit Authority to develop a regional water transit plan are commendable, the country has seen several significant disasters, including the 9/11 tragedy and Hurricane Katrina, which have emphasized the need for coordinated emergency response. From the lessons learned from those events, it is apparent that the bay area’s current emergency response infrastructure is not sufficient to respond to emergencies of the magnitude witnessed in the past few years and anticipated in the future. (c) In 2006, the Bay Area Council sponsored a study on the role a comprehensive public water transportation system would play in the bay area’s emergency response infrastructure. The 2006 study found that a comprehensive water transportation system is vital to emergency preparedness and response for the region. If bridges, roads, highways, tunnels, and trains are out of service as a result of an emergency, only the waters of the bay are certain to remain open for traffic. However, current infrastructure and equipment capabilities are grossly inadequate. Ferry terminals exist in only a few locations on the bay, and the vessel fleet lacks the capacity to make up for even one out-of-service bridge. The few vessels that exist are in the hands of many different public and private owners and operators, and there is no detailed plan or identified leader to activate and coordinate them. (d) The study further urged that action be taken immediately to strengthen and expand the regional public water transportation system so that the bay area would be prepared in the event of a catastrophic emergency. The San Francisco Bay area is almost certain to experience moderate to severe earthquakes in the foreseeable future. A major earthquake or a series of earthquakes on any of the region’s faults would have the potential of closing thousands of area roads and rendering some or all transbay bridges and mass transit lines impassable. With the regional transportation system disabled, first responders would be unable to help tens of thousands of homeless, injured, and starving victims. A failure of transportation would be particularly devastating to the most vulnerable of our population, the elderly, children, and the poor. The loss of any portion of the regional transportation system, from either a natural or manmade disaster, would place lives and property at risk and would seriously undermine the San Francisco Bay area economy. (e) It is the responsibility of the state to protect and preserve the right of its citizens to a safe and peaceful existence. To accomplish this goal and to minimize the destructive impact of disasters and other massive emergencies, the actions of numerous public agencies must be coordinated to effectively manage all four phases of emergency activity: preparedness, mitigation, response, and recovery. It is a matter of statewide interest to establish an expanded and coordinated regional water transportation system to provide necessary security, flexibility, and mobility for disaster response and recovery in the San Francisco Bay area. This transcends any local interest, and requires a single governmental entity with appropriate powers and scope of authority to serve this statewide interest. (f) As emergencies and other catastrophic events are certain (only the timing is unpredictable), it is crucial for immediate action to be taken to develop and implement these emergency response strategies. It is not only impractical, but rather impossible, to cobble together an emergency water transportation system after the fact. It is a task of years, not months, to make the real changes and create the essential infrastructure for an integrated and comprehensive water transit emergency system. In light of the ever-present threat, it is imperative to begin this crucial effort without delay. (g) The public interest requires swift action and steadfast resolve to prepare for the coming earthquakes, as well as other emergencies, with the speed and determination that is due for a threat of this magnitude. The water transit emergency response and recovery system must be fully implemented as quickly as possible, as if the lives of bay area residents depend on it, because they do. (h) It is a matter of statewide interest to stimulate the maximum use of the San Francisco Bay for emergency response and recovery. The geographical situation of the San Francisco Bay makes it ideal for emergency response and recovery, but at the same time prevents the full utilization of the bay by acting as a physical barrier to an effective transportation system between the various jurisdictions surrounding the bay. Only a specially created local entity of regional government can freely operate in the numerous individual units of county, city and county, and city governments located in the area. In order to protect the lives and livelihoods of the bay area, the Legislature in this act establishes a new governmental entity specifically charged and empowered with the responsibility to plan, implement, and manage these critical services and facilities, as a matter of the utmost urgency. (Amended by Stats. 2008, Ch. 179, Sec. 116. Effective January 1, 2009.)
66540.10.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The Water Transit Authority must transfer its property to the authority, and funds needed to establish and organize the authority must be transferred immediately when the authority requests them.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.10. The San Francisco Bay Area Water Transit Authority shall transfer the title and ownership of all property within its control and ownership to the authority. Funds necessary for the establishment and organization of the authority, as determined by the board, shall be transferred immediately upon request by the authority. All other transfers shall be consistent with the transition plan required under subdivision (b) of Section 66540.32 and shall include, but not be limited to, all of the following: (a) All real and personal property, including, but not limited to, all terminals, ferries, vehicles or facilities, parking facilities for passengers and employees, and related buildings and facilities convenient or necessary to operate, support, maintain, and manage the water transportation services system and its services to customers. (b) All contracts with tenants, concessionaires, leaseholders, and others. (c) All financial obligations secured by revenues and fees generated from the operations of the water transportation services system, including, but not limited to, bonded indebtedness associated with the water transportation services system. (d) All financial reserves, including, but not limited to, sinking funds and other credits. (e) All office equipment, including, but not limited to, computers, records and files, and software required for financial management, personnel management, and accounting and inventory systems. (Amended by Stats. 2008, Ch. 179, Sec. 118. Effective January 1, 2009.)
66540.11.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may accept ferry and related water-transport transfers, and must maintain transferred service for at least five years and handle related costs and indemnity duties.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.11. (a) Public transportation ferries and related water transportation services and facilities within the bay area region shall be transferred to the authority in accordance with the transition plan required under subdivision (b) of Section 66540.32. This section shall not affect any vessels, services, or facilities owned, operated, or provided by the Golden Gate Bridge, Highway and Transportation District. (b) The authority may accept the transfer of ownership, leasehold interests, operation, and management of any other public transportation ferries and related water transportation services and facilities within the bay area region developed or adopted by any general purpose local government or special district that operates or sponsors water transit, including, but not limited to, those water transportation services provided under agreement with a private operator. (c) All transfers pursuant to subdivisions (a) and (b) shall be consistent with the adopted transition plan required under subdivision (b) of Section 66540.32 and may include, but not be limited to, all of the following: (1) All real and personal property, including, but not limited to, all terminals, ferries, vehicles or facilities, parking facilities for passengers and employees, and buildings and facilities used to operate, maintain, and manage the water transportation services system. (2) All personnel currently employed by the water transportation services system, subject to the provisions of Article 5 (commencing with Section 66540.55) of Chapter 5. (3) All contracts with tenants, concessionaires, leaseholders, and others. (4) All nondiscretionary local funds and subsidies for the water transportation services system, other than the direct subsidy the Golden Gate Bridge, Highway and Transportation District currently provides to the water transportation services system it provides. (5) All financial obligations generated from the operations of the water transportation services system, including, but not limited to, bonded indebtedness and subsidies associated with the public transportation ferry system. (d) In accepting a transfer, the authority shall commit to maintaining public transportation ferries and related water transportation services and facilities provided by the transferring agency or operator for a period of at least five years following the transfer. The authority shall attempt to maintain the service levels provided by the transferring agency or operator pursuant to the operating plan prepared pursuant to subparagraph (E) of paragraph (2) of subdivision (b) of Section 66540.32. The authority may assume no financial obligations other than the financial obligations associated with the operation of the services and facilities being transferred to the authority. (e) Reasonable administrative costs incurred by operators of water transportation services as of January 1, 2008, related to the transfers required by this section or the implementation of this title shall be borne by the authority. The authority may use Regional Measure 2 operating funds pursuant to paragraph (6) of subdivision (d) of Section 30914 of the Streets and Highways Code, in an amount not to exceed six hundred thousand dollars ($600,000) to support development of the transition plan specified in subdivision (b) of Section 66540.32 and for transition-related costs incurred by the authority or the transferring agencies on or after July 1, 2008, upon a determination by the Metropolitan Transportation Commission that the costs are reasonable and are substantially a result of the transition. After adoption of the transition plan and formal agreement by the Cities of Vallejo and Alameda to transition their ferry services to the authority in accordance with the transition plan, the authority may use additional Regional Measure 2 operating funds above the limits referenced in this subdivision for transition and transition-related activities, incurred before or after the actual transfer of services and facilities, as specified in the transition plan and approved by the Metropolitan Transportation Commission. (f) After adoption of the transition plan and after formal agreement by the Cities of Vallejo and Alameda to transition their services and facilities to the authority in accordance with the transition plan, the authority may use Regional Measure 2 operating funds in accordance with paragraph (6) of subdivision (d) of Section 30914 of the Streets and Highways Code for operation of the Vallejo and Alameda services and facilities if consistent with the transition plan and approved by the Metropolitan Transportation Commission. (g) Notwithstanding any other provision of this title, if a transfer of assets occurs, the authority shall indemnify the state against any claims or liability relating to the ferry vessel operations and facilities transferred, or any act or failure to act when the authority has a legal obligation under the laws of this state, except for any claims or liability arising out of or related to City of Vallejo v. State of California (Solano County Superior Court, Case No. FCS031170). (Amended by Stats. 2008, Ch. 387, Sec. 2. Effective January 1, 2009.)
66540.12.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
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This section sets up a five-member board for the authority and assigns who appoints members and leadership roles.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.12. (a) The authority shall be governed by a board composed of five members, as follows: (1) Three members shall be appointed by the Governor, subject to confirmation by the Senate. The Governor shall make the initial appointment of these members of the board no later than January 11, 2008. (2) One member shall be appointed by the Senate Committee on Rules. (3) One member shall be appointed by the Speaker of the Assembly. (b) Each member of the board shall be a resident of a county in the bay area region. (c) Public officers associated with an area of government, including planning or water, whether elected or appointed, may be appointed to serve contemporaneously as members of the board. A public agency shall not have more than one representative on the board of the authority. (d) The Governor shall designate one member as the chairperson of the board and one member as the vice chairperson of the board. (e) Except as provided in subdivision (f), the term of a member of the board shall be six years. (f) (1) The appointments next following the expiration of the terms of the initial appointments shall be for the following terms: (A) Two of the members appointed by the Governor shall serve terms of two years and one shall serve a term of six years. (B) The member appointed by the Senate Committee on Rules shall serve a term of four years. (C) The member appointed by the Speaker of the Assembly shall serve a term of four years. (2) Each member appointed after the expiration of the terms set forth in subparagraphs (A) to (C), inclusive, of paragraph (1) shall serve a term of six years. (g) Vacancies shall be filled immediately by the appointing power for the unexpired portion of the terms in which they occur. (Amended by Stats. 2012, Ch. 305, Sec. 1. (AB 2433) Effective January 1, 2013.)
66540.13.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
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A member may be removed only for cause or incapacity, and only by the appointing authority.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.13. A member may be removed only for cause or incapacity and only by the appointing authority. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.14.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

A member may be reappointed for additional terms.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.14. A member may be reappointed to serve additional terms. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.15.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
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Board members serve without compensation, but may receive expense reimbursement or a $100 per diem for board-meeting attendance within monthly limits.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.15. The board members shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the performance of their duties. However, in lieu of this reimbursement for attendance at board meetings, each member of the board may receive a per diem of one hundred dollars ($100), but not to exceed a combined total of five meetings in any one calendar month, plus reasonable expenses as may be authorized by the board. The authority shall pay all costs pursuant to this section. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.16.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
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The board may appoint key authority officers, and the executive director must manage operations and submit an annual budget.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.16. (a) The board shall have the power to appoint all of the following officers of the authority: (1) Executive director. (2) General counsel. (3) Chief financial officer. (b) The executive director shall be responsible for operation, maintenance, financing, and planning functions, within the policy guidelines established by the board. The executive director shall prepare and submit an annual budget to the board. The executive director shall have the authority to execute contracts, grant documents, and financing documents under the policy guidelines that may be established by the board. The executive director shall appoint all other officers and employees. (Amended by Stats. 2008, Ch. 387, Sec. 4. Effective January 1, 2009.)
66540.17.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
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The board may create committees, appoint advisory committees, hire or contract for professional services, and do other things necessary to carry out the title’s purposes.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.17. The board may do all of the following: (a) Create committees from its membership. (b) Appoint advisory committees from other interested public and private groups. (c) Contract for or employ any professional services required by the authority or for the performance of work and services which in the board’s opinion cannot satisfactorily be performed by its officers and employees. (d) Do any and all other things necessary to carry out the purposes of this title. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.18.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The board chair must prepare meeting agendas and carry out several board leadership duties; the vice chair steps in if the chair is absent or disabled.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.18. (a) The chair of the board shall do all of the following: (1) Prepare the agenda for each meeting of the board. (2) Preside over all meetings of the board, including, but not limited to, setting the dates and times of meetings, declaring the opening and closing of each proceeding of the board, ruling on points of order, regulating the individuals that, except for board members, may address the board at its meetings, and putting issues to the vote and announcing decisions following those votes. (3) Appoint board members to committees and serve as an ex officio member of all committees. (4) Propose the annual budget for the authority. (5) Sign all orders issued by the board and contracts and grant documents as approved by the board. (6) Represent the authority at all proceedings. The chair may appoint individuals to represent the board on other boards or commissions, subject to ratification by the board. Appointees serve at the pleasure of the board and those appointments will be subject to review by the board at least once every two years. (7) Have such other powers and duties as may be prescribed from time to time by the board. (b) The chair may delegate any of the powers described in this section, other than the power to delegate, to any member of the board. (c) In the absence or disability of the chair of the board, the vice chair shall perform all of the duties of the chair and, in so acting, shall have all the powers of the chair. The vice chair shall have such other powers and perform such other duties as may be prescribed from time to time by the board. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.19.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The board’s first meeting must be scheduled by the chair within the bay area region and no later than April 1, 2008. After that, the board sets its own meeting times and places, and board meetings are subject to the Ralph M. Brown Act.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.19. (a) The time and place of the first meeting of the board shall be at a time and place within the bay area region fixed by the chair of the board, but no later than April 1, 2008. (b) After the first meeting described in subdivision (a), the board shall hold meetings at times and places determined by the board. (c) Meetings of the board are subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.2.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 1. Findings and Declarations of Policy [66540 - 66540.2] ( Chapter 1 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The Legislature says this title is meant to create a unified structure for owning and governing a water transportation system that provides water transportation and emergency coordination services in the Bay Area.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 1. Findings and Declarations of Policy [66540 - 66540.2] ( Chapter 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.2. It is the intent of the Legislature in enacting this title to provide for a unified, comprehensive institutional structure for the ownership and governance of a water transportation system that shall provide comprehensive water transportation and emergency coordination services for the bay area region. It is further the intent of the Legislature that the authority established by this act shall succeed to the powers, duties, obligations, liabilities, immunities, and exemptions of any general purpose local government or special district that operates or sponsors water transit, except the Golden Gate Bridge, Highway and Transportation District. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.20.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The board is the authority’s legislative body and must decide all questions of authority policy, as long as it is consistent with this title.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.20. The board is the legislative body of the authority and, consistent with the provisions of this title, shall determine all questions of authority policy. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.21.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The board must determine which water transportation facilities should be acquired or constructed for the bay area region’s common benefit.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.21. The board shall determine what water transportation services facilities should be acquired or constructed for the common benefit of the bay area region as a whole. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.22.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The board must supervise and regulate the authority’s water transportation facilities and, when changing rates or schedules, hold a public hearing, allow public input, and give the city written notice at least 30 days before the hearing.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.22. (a) The board shall supervise and regulate every water transportation services facility owned, operated, maintained, or controlled by the authority, including the establishment of rates, rentals, charges, and classifications, and the making and enforcement of rules, regulations, contracts, practices, and schedules, for or in connection with any transportation facility owned, operated, or controlled by the authority. (b) If the board proposes to establish or change rates or schedules for or in connection with a facility described in subdivision (a), the board shall establish a process for taking public input on those proposed rates, schedules, or changes and shall conduct a public hearing prior to the adoption of those rates, schedules, or changes. The board shall provide written notification of the proposed rates, schedules, or changes to the city where the ferry terminal affected by those rates, schedules, or changes is located at least 30 days prior to the public hearing. (Amended by Stats. 2008, Ch. 387, Sec. 5. Effective January 1, 2009.)
66540.23.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The board may pass ordinances or resolutions, adopt and enforce rules for the authority’s facilities and services, and hire personnel to help enforce those rules.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.23. (a) The board may act either by ordinance or resolution in order to regulate the authority and undertake all acts necessary and convenient for the exercise of the authority’s powers. (b) The board may adopt and enforce rules and regulations for the administration, maintenance, operation, and use of the authority’s facilities and services, including, but not limited to, rates, charges, and fees for those purposes. (c) The board may employ necessary personnel to enforce the rules and regulations adopted by the board pursuant to this section. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.24.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The board needs three members for a quorum, and most board actions require a recorded majority vote of the total authorized membership unless this title says otherwise.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.24. (a) Three members of the board shall constitute a quorum for the purpose of transacting any business of the board. (b) Except as otherwise specifically provided to the contrary in this title, a recorded majority vote of the total authorized membership of the board is required on each action. (Amended by Stats. 2008, Ch. 387, Sec. 6. Effective January 1, 2009.)
66540.25.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may do anything necessary to carry out this title’s purposes.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 4. Governing Body [66540.12 - 66540.25] ( Chapter 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.25. The authority may do any and all things necessary to carry out the purposes of this title. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.255.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may accept grants, contributions, and appropriations from public agencies, private foundations, or individuals.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.255. The authority may accept grants, contributions, and appropriations from any public agency, private foundation, or individual. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.26.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority has perpetual succession and may adopt and change a seal at its pleasure.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.26. The authority has perpetual succession and may adopt a seal and alter it at its pleasure. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.27.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may provide an emergency public water transportation services system and may have power to provide planning, facilities, equipment and services, funding, and employee benefits and retirement for that purpose.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.27. The authority may provide a comprehensive emergency public water transportation services system and, for this purpose, may have the power to provide all of the following: (a) Planning, as provided in Article 2 (commencing with Section 66540.32). (b) Facilities, equipment, and services, as provided in Article 3 (commencing with Section 66540.34). (c) Funding, as provided in Article 4 (commencing with Section 66540.41). (d) Employee benefits and retirement, as provide in Article 5 (commencing with Section 66540.55). (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.28.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority has power to sue and be sued.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.28. The authority may sue and be sued. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.29.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may acquire, hold, lease, enjoy, and dispose of real or personal property inside or outside its jurisdiction to further its purposes.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.29. The authority may take by grant, purchase, devise, or lease or otherwise acquire, hold, enjoy, lease, and dispose of, real and personal property within or outside its area of jurisdiction in order to further its purposes. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.3.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 2. Definitions [66540.3- 66540.3.] ( Chapter 2 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

This section defines key terms used in Title 7.10, including “Authority,” “Bay area region,” “Board,” “Public agency,” “Public transportation ferries,” and “Water transportation services.”

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 2. Definitions [66540.3- 66540.3.] ( Chapter 2 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.3. Unless the context otherwise requires, the definitions set forth in this section govern the construction of this title. (a) “Authority” means the San Francisco Bay Area Water Emergency Transportation Authority created by Section 66540.4. (b) “Bay area region” means the region described in Section 66502. (c) “Board” means the board of directors of the authority. (d) “Public agency” includes, but is not limited to, the federal government or any officer, department, division, bureau, board, and commission or other body or agency thereof; the state government or any officer, department, division, bureau, board, and commission or other body or agency thereof; other state governments or any officer, department, division, bureau, board, and commission or other body or agency thereof; any town, city, county, city and county, and municipal corporation, whether incorporated or not and whether chartered or not, or any officer, department, division, bureau, board, and commission or other body or agency thereof; any school district, political subdivision, district or local agency or any officer, department, division, bureau, board, and commission or other body or agency thereof. (e) “Public transportation ferries” means ferryboats operated, sponsored, funded, or subsidized by any public agency, including, but not limited to, those ferryboats operated under agreement with a private operator. (f) “Water transportation services” means the transportation of passengers, their incidental baggage, including wheelchairs and bicycles, and small packages by water-borne vessels, and the loading, unloading, and ancillary activities related thereto. Water transportation services does not include the continuous transportation of goods in interstate or international commerce. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.30.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may contract with U.S., state, or local government agencies, or with any person, on terms it finds best for its interests.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.30. The authority may contract with any department or agency of the United States, with any state or local governmental agency, or with any person upon those terms and conditions that the authority finds are in its best interests. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.31.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

Actions taken by the authority under this title do not need approval from the Public Utilities Commission.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.31. No action taken by the authority pursuant to this title shall require the approval of the Public Utilities Commission. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.315.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may create a community advisory committee and must decide who sits on it.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 1. General Provisions [66540.255 - 66540.315] ( Article 1 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.315. The authority may establish a community advisory committee to receive community and passenger recommendations related to consolidation and operational issues affecting existing and proposed water transportation services. The authority shall determine the composition of that committee. (Added by Stats. 2008, Ch. 387, Sec. 7. Effective January 1, 2009.)
66540.32.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 2. Planning [66540.32 - 66540.33] ( Article 2 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority must prepare emergency and transition plans for bay area water transportation, and it must also consult, coordinate, and hold public input before adopting them.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 2. Planning [66540.32 - 66540.33] ( Article 2 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.32. (a) The authority shall create and adopt, on or before July 1, 2009, an emergency water transportation system management plan for water transportation services in the bay area region in the event that bridges, highways, and other facilities are rendered wholly or significantly inoperable. (b) (1) The authority shall create and adopt, on or before July 1, 2009, a transition plan to facilitate the transfer of existing public transportation ferry services within the bay area region to the authority pursuant to this title. In the preparation of the transition plan, priority shall be given to ensuring continuity in the programs, services, and activities of existing public transportation ferry services. (2) The plan required by this subdivision shall include all of the following: (A) A description of existing ferry services in the bay area region, as of January 1, 2008, that are to be transferred to the authority pursuant to Section 66540.11 and a description of any proposed changes to those services. (B) A description of any proposed expansion of ferry services in the bay area region. (C) An inventory of the ferry and ferry-related capital assets or leasehold interests, including, but not limited to, vessels, terminals, maintenance facilities, and existing or planned parking facilities or parking structures, and of the personnel, operating costs, and revenues of public agencies operating public transportation ferries and providing water transportation services as of January 1, 2008, and those facilities that are to be transferred, in whole or in part, to the authority pursuant to Section 66540.11. (D) A description of those capital assets, leasehold interests, and personnel identified in subparagraph (C) that the authority proposes to be transferred pursuant to Section 66540.11. (E) An operating plan that includes, at a minimum, an estimate of the costs to continue the ferry services described in subparagraph (A) for at least five years and a detailed description of current and historically available revenues and proposed sources of revenue to meet those anticipated costs. Further, the operating plan shall identify options for closing any projected deficits or for addressing increased cost inputs, such as fuel, for at least the five-year period. (F) A description of the proposed services, duties, functions, responsibilities, and liabilities of the authority and those of agencies providing or proposed to provide water transportation services for the authority. (G) To the extent the plan may include the transfer of assets or services from a local agency to the authority pursuant to Section 66540.11, that transfer shall be subject to negotiation and agreement by the local agency. The authority and the local agency shall negotiate and agree on fair terms, including just compensation, prior to any transfer authorized by this title. (H) An initial five-year Capital Improvement Program (CIP) detailing how the authority and its local agency partners plan to support financing and completion of capital improvement projects, including, but not limited to, those described in subparagraph (C), that are required to support the operation of transferred ferry services. Priority shall be given to emergency response projects and those capital improvement projects for which a Notice of Determination pursuant to the California Environmental Quality Act has been filed and which further the expansion, efficiency, or effectiveness of the ferry system. (I) A description of how existing and expanded water transportation services will provide seamless connections to other transit providers in the bay area region, including, but not limited to, a description of how the authority will coordinate with all local agencies to ensure optimal public transportation services, including supplemental bus services that existed on January 1, 2008, that support access to the ferry system for the immediate and surrounding communities. (J) The date on which the ferry services are to be transferred to the authority. (3) To the extent the plan required by this subdivision includes proposed changes to water transportation services or related facilities historically provided by the City of Vallejo or the City of Alameda, the proposed changes shall be consistent with that city’s general plan, its redevelopment plans, and its development and disposition agreements for projects related to the provision of water transportation services. Those projects include, but are not limited to, the construction of parking facilities and transit transfer facilities within close proximity of a ferry terminal or the relocation of a ferry terminal. (c) In developing the plans described in subdivisions (a) and (b), the authority shall cooperate to the fullest extent possible with the Metropolitan Transportation Commission, the Office of Emergency Services, the Association of Bay Area Governments, and the San Francisco Bay Conservation and Development Commission, and shall, to the fullest extent possible, coordinate its planning with local agencies, including those local agencies that operated, or contracted for the operation of, public water transportation services as of the effective date of this title. To avoid duplication of work, the authority shall make maximum use of data and information available from the planning programs of the Metropolitan Transportation Commission, the Office of Emergency Services, the Association of Bay Area Governments, the San Francisco Bay Conservation and Development Commission, the cities and counties in the San Francisco Bay area, and other public and private planning agencies. In addition, the authority shall consider both of the following: (1) The San Francisco Bay Area Water Transit Implementation and Operations Plan adopted by the San Francisco Bay Area Water Transit Authority on July 10, 2003. (2) Any other plan concerning water transportation within the bay area region developed or adopted by any general purpose local government or special district that operates or sponsors water transit, including, but not limited to, those water transportation services provided under agreement with a private operator. (d) The authority shall prepare a specific transition plan for any transfer not anticipated by the transition plan required under subdivision (b). (e) Prior to adopting the plans required by this section, the authority shall establish a process for taking public input on the plans in consultation with existing operators of public ferry services affected by the plans. The public input process shall include at least one public hearing conducted at least 60 days prior to the adoption of the plans in each city where an operational ferry facility existed as of January 1, 2008. (Amended by Stats. 2013, Ch. 352, Sec. 318. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
66540.325.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 2. Planning [66540.32 - 66540.33] ( Article 2 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

If feeder transportation services are proposed for the authority’s facilities, the authority must coordinate with the relevant public transit agency or agencies.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 2. Planning [66540.32 - 66540.33] ( Article 2 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.325. When feeder transportation services are proposed to be established to or from the facilities operated by the authority, the authority shall coordinate with the public transit agency or agencies in whose service territory the feeder service will operate. (Added by Stats. 2008, Ch. 387, Sec. 9. Effective January 1, 2009.)
66540.33.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 2. Planning [66540.32 - 66540.33] ( Article 2 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority must send route and facility plans for recommendation to the relevant city councils, boards of supervisors, and other appropriate agencies, and it must consider all submitted recommendations.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 2. Planning [66540.32 - 66540.33] ( Article 2 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.33. The authority shall refer for recommendation the plans of routes, rights of way, terminals, yards, and related facilities and improvements to the city councils and boards of supervisors within the jurisdiction of which those facilities and improvements lie and to other state, regional, and local agencies and commissions as may be deemed appropriate by the authority. The authority shall give due consideration to all recommendations submitted. (Added by renumbering Section 66540.34 (1st of two) by Stats. 2008, Ch. 179, Sec. 121. Effective January 1, 2009.)
66540.34.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may enter into agreements to jointly use or jointly develop property rights, including air rights, that it owns or controls.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.34. The authority may enter into agreements for the joint use or joint development of any property rights, including air rights, owned or controlled by the authority. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2 (2nd of two). Effective January 1, 2008.)
66540.35.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may acquire, own, lease, construct, and operate water transportation vessels and equipment, but not facilities providing access to national parks.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.35. The authority may acquire, own, lease, construct, and operate water transportation vessels and equipment, including, but not limited to, real and personal property, equipment, and any facilities of the authority, except those facilities providing access to national parks. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.36.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may select private or public franchisees for operating parts of its water transportation services system and related facilities.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.36. The authority may select private or public franchisees for those operating elements of the water transportation services system and related facilities of the authority. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.37.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may accept vessels, terminals, maintenance and support facilities, and other assets from public water transportation service providers by purchase, conveyance of title, long-term lease, or another appropriate means.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.37. The authority may accept, through purchase of fee, conveyance of title, long-term lease, or other means deemed appropriate, the vessels, terminals, maintenance and support facilities, and other assets of public water transportation services providers. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.38.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may lease or contract for use of its facilities to an operator, and may allow subleases on terms it considers in the public interest.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.38. The authority may lease or contract for the use of its facilities, or any portion thereof, to any operator, and may provide for subleases by that operator upon the terms and conditions that it deems in the public interest. The word “operator,” as used in this section, means any city or public agency or any person, firm, or private corporation. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.39.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority must set the air emission standard for new vessels it buys at least 85% above the federal EPA standard for Tier II 2007 marine engines.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.39. The air emission standard for new vessels purchased by the authority shall exceed the federal Environmental Protection Agency’s air quality standards for Tier II 2007 marine engines by at least 85 percent. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.4.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

This section establishes the San Francisco Bay Area Water Emergency Transportation Authority as a regional local governmental entity.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.4. There is hereby established the San Francisco Bay Area Water Emergency Transportation Authority as a local governmental entity of regional government, with jurisdiction extending throughout the bay area region. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.40.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority must dedicate at least one new vessel to use biodiesel fuel (B20), subject to engine warranties, and may need to increase biodiesel use if additional funding becomes available.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 3. Facilities, Equipment, and Services [66540.34 - 66540.40] ( Article 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.40. The authority shall dedicate at least one new vessel, subject to engine manufacturers’ warranties, to employ biodiesel fuel (B20) to assess the practical application of using renewable fuels. If further funding becomes available for this application from regional, state, or federal funding sources, the authority shall consider increasing the use of biodiesel fuel to demonstrate reduction in greenhouse gas emissions. The air emission standards set by the authority pursuant to this title shall apply to the use of biodiesel fuel. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.41.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority must prepare and implement annual operating budgets for the water transportation services system and related facilities and services.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.41. The authority shall prepare and implement annual operating budgets for the operation of the San Francisco Bay Area water transportation services system, associated terminals, and related feeder transportation and support services. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.42.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority must set fares and other fees for the water transportation system it operates.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.42. The authority shall set fares for travel on the water transportation services system that it operates, and define and set other fares and fees for services related to the water transportation system. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.43.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may issue bonds and refunding bonds, and may enter liquidity or credit agreements for bond financing. The board must authorize bond issuance by resolution adopted by majority vote and specify key bond terms.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.43. (a) The authority may issue bonds, from time to time, payable from revenue of any facility or enterprise operated, acquired, or constructed by the authority, for any of the purposes authorized by this title in accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5), excluding Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 and the limitations set forth in subdivision (b) of Section 54402 which shall not apply to the issuance and sale of bonds pursuant to this section. (b) The authority is a local agency within the meaning of Section 54307. The water transportation services system or any or all facilities and all additions and improvements that the authority’s governing board authorizes to be acquired or constructed and any purpose, operation, facility, system, improvement, or undertaking of the authority from which revenues are derived or otherwise allocable, which revenues are, or may by resolution or ordinance be, required to be separately accounted for from other revenues of the authority, shall constitute an enterprise within the meaning of Section 54309. (c) The board shall authorize the issuance of bonds pursuant to this section by resolution, which resolution shall be adopted by a majority vote and shall specify all of the following: (1) The purposes for which the bonds are to be issued, which may include one or more purposes permitted by this title. (2) The maximum principal amount of bonds. (3) The maximum term of bonds. (4) The maximum rate of interest, fixed or variable, to be payable upon the bonds. (5) The maximum discount or premium payable on sale of the bonds. (d) For purposes of the issuance and sale of bonds pursuant to this section, the following definitions shall be applicable to the Revenue Bond Law of 1941: (1) “Fiscal agent” means any fiscal agent, trustee, paying agent, depository, or other fiduciary provided for in the resolution providing the terms and conditions for the issuance of the bonds, which fiscal agent may be located within or without the state. (2) “Resolution” means, unless the context otherwise requires, the instrument providing the terms and conditions for the issuance of bonds, which instrument may be an indenture, trust agreement, installment sale agreement, lease, ordinance, or other instrument in writing. (e) Each resolution shall provide for the issuance of bonds in the amounts as may be necessary, until the full amount of bonds authorized has been issued. The full amount of bonds may be divided into two or more series with different dates of payment fixed for bonds of each series. A bond need not mature on its anniversary date. (f) The authority may issue refunding bonds to redeem or retire any bonds issued by the authority upon the terms, at the times, and in the manner which the authority’s governing body determines by resolution. Refunding bonds may be issued in a principal amount sufficient to pay all, or any part of, the principal of the outstanding bonds, the premium, if any due upon call redemption thereof prior to maturity, all expenses of redemption, and either of the following: (1) The interest upon the refunding bonds from the date of sale thereof to the date of payment of the bonds to be refunded out of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds. (2) The interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds. (g) The authority may enter into any liquidity or credit agreement it may deem necessary in connection with the issuance of bonds authorized by this section. (h) This section provides a complete, additional, and alternative method of performing the acts authorized by this article, and the issuance of bonds, including refunding bonds, need not comply with any other law applicable to borrowing or the issuance of bonds. Any provision of the Revenue Bond Law of 1941 which is inconsistent with this section or this title shall not be applicable. (i) Nothing in this section prohibits the authority from availing itself of any procedure provided in this article for the issuance of bonds of any type or character for any of the authorized water transportation facilities. All bond proceedings may be carried on simultaneously or, in the alternative, as the authority may determine. (Amended by Stats. 2008, Ch. 387, Sec. 10. Effective January 1, 2009.)
66540.44.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may levy special benefit assessments for operating expenses and capital improvements, if it complies with Article XIII D of the California Constitution.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.44. The authority may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution for operating expenses and to finance capital improvements, including, but not limited to, special benefit assessments levied pursuant to any of the following: (a) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code). (b) The Improvement Bond Act of 1915 (Division 15 (commencing with Section 8500) of the Streets and Highways Code). (c) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code). (d) The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code). (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.45.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may borrow money, but only in accordance with specified articles of the Government Code.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.45. The authority may borrow money in accordance with Article 7 (commencing with Section 53820) of, Article 7.6 (commencing with Section 53850) of, or Article 7.7 (commencing with Section 53859) of, Chapter 4 of Part 1 of Division 2 of Title 5. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.46.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may borrow money and issue, renew, and use bond anticipation notes, but there are limits on amount and maturity, and unpaid notes must be repaid from the next bond sale.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.46. (a) The authority may borrow money in anticipation of the sale of any bonds that have been authorized to be issued, but have not been sold and delivered, and may issue negotiable bond anticipation notes therefor, and may renew the bond anticipation notes from time to time, but the maximum maturity of any bond anticipation notes, including the renewals thereof, may not exceed five years from the date of delivery of the original bond anticipation notes. The bond anticipation notes may be paid from any money of the authority available therefor and not otherwise pledged. (b) If not previously otherwise paid, the bond anticipation notes shall be paid from the proceeds of the next sale of the bonds of the authority in anticipation of which they were issued. The bond anticipation notes may not be issued in any amount in excess of the aggregate amount of bonds that the authority has been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefore issued and then outstanding. The bond anticipation notes shall be issued and sold in the same manner as the bonds. The bond anticipation notes and the resolution or resolutions authorizing them may contain any provisions, conditions, or limitations that a resolution of the authority authorizing the issuance of bonds may contain. (c) Exclusively for the purpose of securing financing or refinancing for any of the purposes permitted by this title through the issuance of bonds, notes, or other obligations, including certificates of participation, by a joint powers authority, and, notwithstanding any other provision contained in this title or any other law, the authority may borrow money or purchase or lease property from a joint powers authority and, in connection therewith, may sell or lease property to the joint powers authority, in each case at the interest rate or rates, maturity date or dates, installment payment or rental provisions, security, pledge of revenues and other assets, covenants to increase rates and charges, default, remedy, and other terms or provisions as may be specified in the installment sale, lease, loan, loan purchase, or other agreement or agreements between the authority and the joint powers authority. The authority may enter into any liquidity or credit agreement it may deem necessary or appropriate in connection with any financing or refinancing authorized by this section. This section provides a complete, additional, and alternative method of performing the acts authorized by this section, and the borrowing of money, incurring indebtedness, sale, purchase, or lease of property from or to a joint powers authority, and any agreement for liquidity or credit enhancement entered into in connection therewith, pursuant to this section, need not comply with the requirements of any other law applicable to borrowing, incurring indebtedness, sale, purchase, lease, or credit except for compliance with this section. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.47.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may bring an action to determine the validity of certain bonds, debt instruments, and related revenues, rates, or charges under the cited civil procedure chapter.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.47. The authority may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of indebtedness or any of its revenues, rates, or charges pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.48.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

Bond-related resolutions and proceedings create enforceable contract terms, and the authority and related territory remain liable for bonded and other debts.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.48. (a) Notwithstanding any other provisions of this title or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the authority of any bonds, bonds with a pledge of revenues, bonds for improvement districts, revenue bonds, equipment trust certificates, notes, or any and all evidences of indebtedness or liability constitute a contract between the authority and the holders of the bonds, equipment trust certificates, notes, or evidences of indebtedness or liability, and the provisions thereof are enforceable against the authority or any or all of its successors or assigns, by mandamus or any other appropriate suit, action, or proceeding in law or in equity in any court of competent jurisdiction. (b) Nothing in this title or in any other law shall be held to relieve the authority or the territory included within it from any bonded or other debt or liability contracted by the authority. (c) Upon dissolution of the authority or upon withdrawal of territory therefrom, that territory formerly included within the authority, or withdrawn therefrom, shall continue to be liable for the payment of all bonded and other indebtedness or liabilities outstanding at the time of the dissolution or withdrawal as if the authority had not been so dissolved nor the territory withdrawn therefrom, and it shall be the duty of the successors or assigns to provide for the payment of the bonded and other indebtedness and liabilities. (d) To the extent provided in the proceedings for the authorization, issuance, and sale of any revenue bonds, bonds secured by a pledge of revenues, or bonds for improvement districts secured by a pledge of revenues, revenues of any kind or nature derived from any revenue-producing improvements, works, facilities, or property owned, operated, or controlled by the authority may be pledged, charged, assigned, and have a lien thereon for the payment of the bonds as long as the same are outstanding, regardless of any change in ownership, operation, or control of the revenue-producing improvements, works, facilities, or property and it shall, in any later event or events, be the duty of the successors or assigns to continue to maintain and operate the revenue-producing improvements, works, facilities, or property as long as bonds are outstanding. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.49.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may apply for and receive grants from state and federal agencies.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.49. The authority may apply for and receive grants from any and all state and federal agencies. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.5.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may plan, manage, operate, and coordinate emergency water-transportation activities in the Bay Area region, except for facilities provided or owned by the Golden Gate Bridge, Highway and Transportation District.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.5. The authority shall have the authority to plan, manage, operate, and coordinate the emergency activities of all water transportation and related facilities within the bay area region, except those provided or owned by the Golden Gate Bridge, Highway and Transportation District. During a state of war emergency, a state of emergency, or a local emergency, as described in Section 8558, the authority, in cooperation with the Office of Emergency Services, the United States Coast Guard, the Federal Emergency Management Agency, and the Metropolitan Transportation Commission, shall coordinate the emergency activities for all water transportation services in the bay area region and, for such purposes, shall be known as the Bay Area Maritime Emergency Transportation Coordinator. (Amended by Stats. 2013, Ch. 352, Sec. 317. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
66540.50.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may deposit or invest its money in in-state banks or financial institutions, as allowed by state law.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.50. The authority may deposit or invest any moneys of the authority in banks or financial institutions in the state in accordance with state law. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.51.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may insure the public transportation ferry system, or any part of it, against accident or destruction.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.51. The authority may insure against any accident to or destruction of the public transportation ferry system or any part thereof. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.52.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may insure against loss of revenues.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.52. The authority may insure against loss of revenues from any cause whatsoever. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.53.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may buy insurance for public liability or property damage, and may include insurance-related terms when authorizing bonds.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.53. The authority may insure against public liability or property damage, or both. It may provide in the proceedings authorizing the issuance of any bonds for the carrying of such or any other insurance, in such amount and of such character as may be specified, and for the payment of the premiums thereon. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.54.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority must keep accounting records, report transactions under GASB accounting principles, hire an independent CPA for an annual audit, and the board must share the audit report publicly and with specified legislative committees.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 5. Duties and Powers [66540.255 - 66540.68] ( Chapter 5 added by Stats. 2007, Ch. 734, Sec. 2. ) ## ARTICLE 4. Funding [66540.41 - 66540.54] ( Article 4 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.54. (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles as adopted by the Governmental Accounting Standards Board (GASB) of the Financial Accounting Foundation for both public reporting purposes and for reporting of activities to the Controller. (b) The authority shall contract with an independent certified public accountant for an annual audit of the financial records, books, and performance of the authority. The accountant shall submit a report of the audit to the board and the board shall make copies of the report available to the public and the appropriate policy and fiscal committees of the Legislature. (Amended by Stats. 2008, Ch. 179, Sec. 122. Effective January 1, 2009.)
66540.6.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority may run and control a regional emergency water transportation system, but must consult affected public bodies, follow the bay plan, and cannot force certain changes before the transition plan is adopted.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.6. (a) In order to establish and secure emergency activities of all water transportation and related facilities within the bay area region, the authority shall have the authority to operate a comprehensive emergency public water transportation system that includes water transportation services, water transit terminals, and any other transport and facilities supportive of the system for the bay area region, provided that those facilities are consistent with the bay plan adopted by the Bay Conservation and Development Commission, as it may be amended from time to time, and that the authority consults in good faith with affected municipalities, counties, and other public agencies that may be affected by a particular facility. The authority shall have authority and control over public transportation ferries within the bay area region, except that this section shall not affect any vessels, facilities, or services owned, operated, or provided by the Golden Gate Bridge, Highway and Transportation District. The planning, management, and operation of any existing or planned public transportation ferries and related facilities and services in the bay area region shall be consolidated under the authority’s control, subject to the adoption of the transition plan required by subdivision (b) of Section 66540.32. The authority shall not compel property transfers or operational changes to water transportation services provided by public agencies on or before January 1, 2008, prior to the adoption of that transition plan. (b) Because of the importance of an orderly development of a comprehensive bay area region emergency water transportation system, the environmental, health, and public safety issues implicated, and the scarce resources available, the authority shall determine the entry within its jurisdiction of any water transportation service or facility that will affect public lands or receive or benefit from the use of federal, state, or local funds, except those owned, operated, or provided by the Golden Gate Bridge, Highway and Transportation District. (c) Nothing in this section shall be construed to be in derogation of the existing authority of the California Public Utilities Commission. (Amended by Stats. 2008, Ch. 387, Sec. 1. Effective January 1, 2009.)
66540.69.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 6. Severability [66540.69- 66540.69.] ( Chapter 6 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

If part of the title is held invalid, the rest still remains valid and effective.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 6. Severability [66540.69- 66540.69.] ( Chapter 6 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.69. If any chapter, article, section, subdivision, subsection, sentence, clause, or phrase in this title, or the application thereof to any person or circumstances, is for any reason held invalid, the validity of the remainder of the title, or the application of such provision to other persons or circumstances, shall not be affected thereby. The Legislature hereby declares that it would have passed this title and each chapter, article, section, subdivision, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subdivisions, subsections, sentences, clauses, or phrases, or the application thereof to any person or circumstance, be held invalid. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.7.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. )
Verify source ↗

The authority must study, plan, and implement improvements to public transportation ferries and related facilities within its jurisdiction, may commission studies for decision-making, and related agencies must transfer contracts and cooperate on planning.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.7. (a) The authority shall have the responsibility within the area of its jurisdiction to study, plan, and implement any improvements, expansion, or enhancements of existing or future public transportation ferries and related facilities and services. (b) The authority may commission planning, engineering, economic, and other studies to provide information to the board for making decisions about the location, design, management, and other features of future public transportation ferries and related facilities and services. (c) (1) Not later than 60 days after the effective date of this title, the San Francisco Bay Area Water Transit Authority shall transfer and assign to the authority all contracts in force for study and development of possible water transportation services in the bay area region. (2) The transfer of contracts required under this subdivision shall include the contemporaneous transfer of revenue from state or federal grants, local funds, and other sources of revenue committed and adequate to fund the contracts until their completion. (d) The policy direction for the study described in subdivision (c) shall become the responsibility of the authority. The authority shall consider the concepts and ideas of the San Francisco Bay Area Water Transit Authority, the Metropolitan Transportation Commission, and other entities, both public and private. (e) The Metropolitan Transportation Commission, or its successor agency, shall cooperate with the authority to include all public transportation ferries plans and facilities selected by the authority in the regional transportation plan consistent with state and federal law. (Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.8.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. )
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The authority may apply for, receive, and spend funds for ferries, related facilities and services, and emergency water transportation for disaster recovery in the Bay Area region.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.8. The authority shall have the power to apply for, receive, and expend funds for public transportation ferries and related facilities and services, and emergency water transportation for disaster recovery within the bay area region, including, but not limited to, all direct and indirect distributions of federal, state, and regional funds and the issuance of any future state or local bonds. Any allocation or distribution of federal, state, and regional funds designated for the San Francisco Bay Area Water Transit Authority shall be transferred to the authority and the authority shall be as fully entitled to new allocation or distribution of funds as if it were the San Francisco Bay Area Water Transit Authority, including, without limitation, funds derived from the increase in tolls on state-owned bridges in the bay area pursuant to the expenditures plan approved by the Legislature in Chapter 715 of the Statutes of 2003. The authority shall be entitled to receive and shall be disbursed funds under subdivision (b) of Section 8879.57 that would have been allocated to any waterborne transit agency that, as of the effective date of that section, would not be or have been eligible to receive State Transit Assistance Funds but for the effect of this act. Pursuant to subdivision (b) of Section 8879.61, if the authority receives grant awards allocated from funds pursuant to subdivision (b) of Section 8879.57, it shall not be eligible to receive grant awards from funds allocated pursuant to subdivision (a) of Section 8879.57. (Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
66540.9.
## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. )
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The authority may plan, develop, and operate water transportation facilities and related services in the Bay Area region.

## Government Code - GOV ## TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540 - 66540.69] ( Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2. ) ## CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority [66540.4 - 66540.11] ( Chapter 3 added by Stats. 2007, Ch. 734, Sec. 2. ) ## 66540.9. In order to properly plan and provide for emergency water transportation services and facilities, the authority shall have the authority to plan, develop, and operate all aspects of water transportation facilities within the bay area region, including, but not limited to, the location and development of terminals, parking lots and structures, and all other facilities and services necessary to serve passengers and other customers of the water transportation services system. (Amended by Stats. 2008, Ch. 179, Sec. 117. Effective January 1, 2009.)
66600.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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The Legislature declares that San Francisco Bay should be treated as a valuable public resource and analyzed, planned, and regulated as a unit through a democratic process.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66600. The Legislature hereby finds and declares that the public interest in the San Francisco Bay is in its beneficial use for a variety of purposes; that the public has an interest in the bay as the most valuable single natural resource of an entire region, a resource that gives special character to the bay area; that the bay is a single body of water that can be used for many purposes, from conservation to planned development; and that the bay operates as a delicate physical mechanism in which changes that affect one part of the bay may also affect all other parts. It is therefore declared to be in the public interest to create a politically-responsible, democratic process by which the San Francisco Bay and its shoreline can be analyzed, planned, and regulated as a unit. (Added by Stats. 1965, Ch. 1162.)
66601.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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The section says uncoordinated filling in San Francisco Bay is harmful and that a government mechanism must exist to evaluate individual fill projects for their effect on the whole bay.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66601. The Legislature further finds and declares that uncoordinated, haphazard filling in San Francisco Bay threatens the bay itself and is therefore inimical to the welfare of both present and future residents of the area surrounding the bay; that while some individual fill projects may be necessary and desirable for the needs of the entire bay region, and while some cities and counties may have prepared detailed master plans for their own bay lands, a governmental mechanism must exist for evaluating individual projects as to their effect on the entire bay; and that further piecemeal filling of the bay may place serious restrictions on navigation in the bay, may destroy the irreplaceable feeding and breeding grounds of fish and wildlife in the bay, may adversely affect the quality of bay waters and even the quality of air in the bay area, and would therefore be harmful to the needs of the present and future population of the bay region. (Amended by Stats. 1969, Ch. 713.)
66602.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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The Legislature finds that certain bay-shoreline uses are important to the public welfare and that the Bay Plan should provide suitable locations for them while maximizing feasible public access to the shoreline and waters.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66602. The Legislature further finds and declares that certain water-oriented land uses along the bay shoreline are essential to the public welfare of the bay area, and that these uses include ports, water-related industries, airports, wildlife refuges, water-oriented recreation and public assembly, desalinization plants, upland dredged material disposal sites, and powerplants requiring large amounts of water for cooling purposes; that the San Francisco Bay Plan should make provision for adequate and suitable locations for all these uses, thereby minimizing the necessity for future bay fill to create new sites for these uses; that existing public access to the shoreline and waters of the San Francisco Bay is inadequate and that maximum feasible public access, consistent with a proposed project, should be provided. (Amended by Stats. 1991, Ch. 583, Sec. 1.)
66602.1.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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The Legislature states that salt ponds and managed wetlands near the bay are important and should be maintained, and that any development should preserve water areas and maximize public access and water surface where possible.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66602.1. The Legislature further finds and declares that areas diked off from the bay and used as saltponds and managed wetlands are important to the bay area in that, among other things, such areas provide a wildlife habitat and a large water surface which, together with the surface of the bay, moderate the climate of the bay area and alleviate air pollution; that it is in the public interest to encourage continued maintenance and operation of the salt ponds and managed wetlands; that, if development is proposed for these areas, dedication or public purchase of some of these lands should be encouraged in order to preserve water areas; that, if any such areas are authorized to be developed and used for other purposes, the development should provide the maximum public access to the bay consistent with the proposed project and should retain the maximum amount of water surface area consistent with the proposed project. (Added by Stats. 1969, Ch. 713.)
66603.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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The provision says the Legislature found that the Bay Commission studied the bay and prepared the San Francisco Bay Plan for conserving bay waters and developing the shoreline.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66603. The Legislature further finds and declares that the San Francisco Bay Conservation and Development Commission, treating the entire bay as a unit, has made a detailed study of all the characteristics of the bay, including: the quality, quantity, and movement of bay waters, the ecological balance of the bay, the economic interests in the bay, including the needs of the bay area population for industry and for employment, the requirements of industries that would not pollute the bay nor interfere with its use for recreation or other purposes, but would need sites near deepwater channels; that the study has examined all present and proposed uses of the bay and its shoreline, and the master plans of cities and counties around the bay; and that on the basis of the study the commission has prepared a comprehensive and enforceable plan for the conservation of the water of the bay and the development of its shoreline, entitled the San Francisco Bay Plan. (Amended by Stats. 1969, Ch. 713.)
66604.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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The commission has power to issue or deny permits for certain proposed projects after public hearings.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66604. The Legislature further finds and declares that in order to protect the present shoreline and body of the San Francisco Bay to the maximum extent possible, it is essential that the commission be empowered to issue or deny permits, after public hearings, for any proposed project that involves placing fill, extracting materials or making any substantial change in use of any water, land or structure within the area of the commission’s jurisdiction. (Amended by Stats. 1969, Ch. 713.)
66605.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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This section states policy findings for when fill in San Francisco Bay and certain waterways should be allowed.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66605. The Legislature further finds and declares: (a) That further filling of San Francisco Bay and certain waterways specified in subdivision (e) of Section 66610 should be authorized only when public benefits from fill clearly exceed public detriment from the loss of the water areas and should be limited to water-oriented uses (such as ports, water-related industry, airports, bridges, wildlife refuges, water-oriented recreation, and public assembly, water intake and discharge lines for desalinization plants and power generating plants requiring large amounts of water for cooling purposes) or minor fill for improving shoreline appearance or public access to the bay; (b) That fill in the bay and certain waterways specified in subdivision (e) of Section 66610 for any purpose should be authorized only when no alternative upland location is available for such purpose; (c) That the water area authorized to be filled should be the minimum necessary to achieve the purpose of the fill; (d) That the nature, location, and extent of any fill should be such that it will minimize harmful effects to the bay area, such as, the reduction or impairment of the volume surface area or circulation of water, water quality, fertility of marshes or fish or wildlife resources, or other conditions impacting the environment, as defined in Section 21060.5 of the Public Resources Code; (e) That public health, safety, and welfare require that fill be constructed in accordance with sound safety standards which will afford reasonable protection to persons and property against the hazards of unstable geologic or soil conditions or of flood or storm waters; (f) That fill should be authorized when the filling would, to the maximum extent feasible, establish a permanent shoreline; (g) That fill should be authorized when the applicant has such valid title to the properties in question that he or she may fill them in the manner and for the uses to be approved. (Amended by Stats. 1999, Ch. 774, Sec. 1. Effective January 1, 2000.)
66605.1.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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The Legislature says the bay shoreline should be improved, developed, and preserved, and the commission should encourage public and private shoreline development.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66605.1. The Legislature finds that in order to make San Francisco Bay more accessible for the use and enjoyment of people, the bay shoreline should be improved, developed and preserved. The Legislature further recognizes that private investment in shoreline development should be vigorously encouraged and may be one of the principal means of achieving bay shoreline development, minimizing the resort to taxpayer funds; therefore, the Legislature declares that the commission should encourage both public and private development of the bay shoreline. (Added by Stats. 1969, Ch. 713.)
66606.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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This section says the commission’s permit powers should not be read to allow taking or damaging private property for public use without just compensation.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66606. The Legislature hereby finds and declares that this title is not intended, and shall not be construed, as authorizing the commission to exercise its power to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or the United States. (Added by Stats. 1969, Ch. 713.)
66606.6.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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Private property owners and local governments keep the right to establish agricultural preserves and make contracts under the California Land Conservation Act of 1965. The commission must also start an affirmative action program within six months to encourage such local government contracts.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66606.6. Nothing in this title shall deny the right of private property owners and local governments to establish agricultural preserves and enter into contracts pursuant to the provisions of the California Land Conservation Act of 1965. The commission, within six months after the effective date of this section, shall institute an affirmative action program to encourage local governments to enter into contracts under the California Land Conservation Act of 1965 with owners of property to which the provisions of that act may be applicable. (Added by Stats. 1969, Ch. 713.)
66607.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. )
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If part of this title is held invalid, the rest still remains in effect.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 1. Findings and Declarations of Policy [66600 - 66607] ( Chapter 1 added by Stats. 1965, Ch. 1162. ) ## 66607. If any provision of this title or the application thereof in any circumstance or to any person or public agency is held invalid, the remainder of this title or the application thereof in other circumstances or to other persons or public agencies shall not be affected thereby. (Added by Stats. 1969, Ch. 713.)
66610.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 2. Definition of San Francisco Bay [66610 - 66611] ( Chapter 2 added by Stats. 1965, Ch. 1162. )
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This section defines the Commission’s jurisdiction area and lists the lands and waterways included in it.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 2. Definition of San Francisco Bay [66610 - 66611] ( Chapter 2 added by Stats. 1965, Ch. 1162. ) ## 66610. For the purposes of this title, the area of jurisdiction of the San Francisco Bay Conservation and Development Commission includes: (a) San Francisco Bay, being all areas that are subject to tidal action from the south end of the bay to the Golden Gate (Point Bonita-Point Lobos) and to the Sacramento River line (a line between Stake Point and Simmons Point, extended northeasterly to the mouth of Marshall Cut), including all sloughs, and specifically, the marshlands lying between mean high tide and five feet above mean sea level; tidelands (land lying between mean high tide and mean low tide); and submerged lands (land lying below mean low tide). (b) A shoreline band consisting of all territory located between the shoreline of San Francisco Bay as defined in subdivision (a) of this section and a line 100 feet landward of and parallel with that line, but excluding any portions of such territory which are included in subdivisions (a), (c) and (d) of this section; provided that the commission may, by resolution, exclude from its area of jurisdiction any area within the shoreline band that it finds and declares is of no regional importance to the bay. (c) Saltponds consisting of all areas which have been diked off from the bay and have been used during the three years immediately preceding the effective date of the amendment of this section during the 1969 Regular Session of the Legislature for the solar evaporation of bay water in the course of salt production. (d) Managed wetlands consisting of all areas which have been diked off from the bay and have been maintained during the three years immediately preceding the effective date of the amendment of this section during the 1969 Regular Session of the Legislature as a duck hunting preserve, game refuge or for agriculture. (e) Certain waterways (in addition to areas included within subdivision (a)), consisting of all areas that are subject to tidal action, including submerged lands, tidelands, and marshlands up to five feet above mean sea level, on, or tributary to, the listed portions of the following waterways: (1) Plummer Creek in Alameda County, to the eastern limit of the saltponds. (2) Coyote Creek (and branches) in Alameda and Santa Clara Counties, to the easternmost point of Newby Island. (3) Redwood Creek in San Mateo County, to its confluence with Smith Slough. (4) Tolay Creek in Sonoma County, to the northerly line of Sears Point Road (State Highway 37). (5) Petaluma River in Marin and Sonoma Counties to its confluence with Adobe Creek, and San Antonio Creek to the easterly line of the Northwestern Pacific Railroad right-of-way. (6) Napa River, to the northernmost point of Bull Island. (7) Sonoma Creek, to its confluence with Second Napa Slough. (8) Corte Madera Creek in Marin County to the downstream end of the concrete channel on Corte Madera Creek which is located at the United States Army Corps of Engineers Station No. 318+50 on the Corte Madera Creek Flood Control Project. The definition which is made by this section is merely for the purpose of prescribing the area of jurisdiction of the commission which is created by this title. This definition shall not be construed to affect title to any land or to prescribe the boundaries of the San Francisco Bay for any purpose except the authority of the commission created by this title. The jurisdiction of the commission under this section shall not extend to the areas commonly known as the Larkspur and Greenbrae Boardwalks in the County of Marin, such areas to be defined by commission regulation. (Amended by Stats. 1974, Ch. 1332.)
66611.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 2. Definition of San Francisco Bay [66610 - 66611] ( Chapter 2 added by Stats. 1965, Ch. 1162. )
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The commission must adopt and file a resolution by December 1, 1971, after public hearing and adequate notice, setting water-oriented priority land-use boundaries within the shoreline band.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 2. Definition of San Francisco Bay [66610 - 66611] ( Chapter 2 added by Stats. 1965, Ch. 1162. ) ## 66611. No later than December 1, 1971, the commission, after public hearing, of which adequate descriptive notice is given, shall adopt and file with the Governor and the Legislature a resolution fixing and establishing within the shoreline band the boundaries of the water-oriented priority land uses, as referred to in Section 66602. After such filing the commission may change such boundaries in the manner provided by Section 66652 for San Francisco Bay Plan maps. Such change will become effective only if authorized by an affirmative vote of two-thirds of the commission’s members and, where the change involves a reduction or elimination of a priority use area which has been so designated because of contemplated acquisition necessary to implement the priority use, upon a finding that there is no substantial probability that a public agency will be committed to acquiring the area within a three-year period commencing January 1 of the year following the year in which such a finding is made. No other changes shall be made in such boundaries, except with the approval of the Legislature. (Amended by Stats. 1974, Ch. 1332.)
66620.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. )
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This section creates the San Francisco Bay Conservation and Development Commission and says it must have 27 members.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. ) ## 66620. The San Francisco Bay Conservation and Development Commission is hereby created. The commission shall consist of 27 members, as follows: (a) One member appointed by the Division Engineer, United States Army Engineers, South Pacific Division, from his or her staff. (b) One member appointed by the Administrator of the United States Environmental Protection Agency, from his or her staff. (c) One member appointed by the Secretary of Transportation from his or her staff. (d) One member appointed by the Director of Finance, from his or her staff. (e) One member appointed by the Secretary of Resources, from his or her staff. (f) One member appointed by the State Lands Commission, who shall be a member of that commission or from its staff. (g) One member appointed by the San Francisco Bay Regional Water Quality Control Board, who shall be a member of that board. (h) Nine county representatives consisting of one member of the board of supervisors representative of each of the nine San Francisco Bay area counties, appointed by the board of supervisors in each county. Each county representative shall be a supervisor representing a supervisorial district which includes within its boundaries lands lying within San Francisco Bay. (i) Four city representatives appointed by the Association of Bay Area Governments from among the residents of the bayside cities in each of the following areas: (1) North Bay—Marin, Sonoma, Napa, and Solano Counties; (2) East Bay—Contra Costa County (west of Pittsburg) and Alameda County north of the southern boundary of Hayward; (3) South Bay—Alameda County south of the southern boundary of Hayward, Santa Clara County, and San Mateo County south of the northern boundary of Redwood City; (4) West Bay—San Mateo County north of the northern boundary of Redwood City, and the City and County of San Francisco. Each city representative shall be an elected city official. (j) Seven representatives of the public, who shall be residents of the San Francisco Bay area. Five of the representatives shall be appointed by the Governor and their appointments shall be subject to confirmation by the Senate. One of the representatives shall be appointed by the Committee on Rules of the Senate, and one by the Speaker of the Assembly. (Amended by Stats. 2014, Ch. 401, Sec. 47. (AB 2763) Effective January 1, 2015.)
66621.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. )
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Certain Senate and Assembly members must meet with and take part in the commission’s activities, unless that would conflict with their legislative roles.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. ) ## 66621. (a) One Member of the Senate, appointed by the Senate Rules Committee, and one Member of the Assembly, appointed by the Speaker of the Assembly, shall meet with, and participate in the activities of, the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this title, the Members of the Legislature, or their alternates if the alternates are Members of the Legislature, shall constitute a joint interim investigating committee on the subject of this title, and as such shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and Assembly. (b) The Member of the Senate and the Member of the Assembly may appoint any person as an alternate for the member whom the member deems qualified. (Amended by Stats. 1995, Ch. 682, Sec. 6. Effective October 10, 1995.)
66622.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. )
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Commission members serve at the pleasure of their appointing powers, get no compensation, and may receive limited expense reimbursement or a $100 per day per diem in certain cases.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. ) ## 66622. The members of the commission shall serve at the pleasure of their respective appointing powers. The members shall serve without compensation, but each of the members shall be reimbursed for necessary expenses incurred in the performance of the member’s duties. However, in lieu of reimbursement for attendance at commission or committee meetings, or at meetings in an official capacity as a commissioner, each member of the commission or alternate who is not a state or federal employee shall receive a per diem of one hundred dollars ($100) per day, not to exceed a combined total of four days in any one calendar month. No member of the commission who receives a per diem from any other source for attending a meeting shall receive a per diem under this section for attending the same meeting. A member, subject to confirmation by the member’s appointing power, may authorize an alternate for attendance at meetings and voting in the member’s absence. Each alternate shall be designated in a written instrument which shall include evidence of the confirmation by the appointing power and the alternate’s name shall be kept on file with the commission. Each member may change the member’s alternate from time to time, with the confirmation of the appointing power, but shall have only one alternate at a time. Each alternate shall have the same qualifications as are required for the member who appointed the alternate, except that each county representative may designate as an alternate a public official whom the appointing power deems qualified to represent the county. (Amended by Stats. 1987, Ch. 519, Sec. 1.)
66623.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. )
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The Governor must choose a chairperson and a vice chairperson from among the public representatives on the commission.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. ) ## 66623. The Governor shall select, from among public representatives on the commission appointed pursuant to subdivision (j) of Section 66620, a chairperson and a vice chairperson. (Amended by Stats. 1987, Ch. 519, Sec. 2.)
66624.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. )
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The Governor must set the time and place of the commission’s first meeting, and it cannot be scheduled more than 10 days after this title takes effect.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. ) ## 66624. The time and place of the first meeting of the commission shall be prescribed by the Governor, but, in no event, shall it be scheduled for a date later than 10 days after the effective date of this title. (Added by Stats. 1965, Ch. 1162.)
66625.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. )
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The commission’s headquarters must be in the City and County of San Francisco.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 3. San Francisco Bay Conservation and Development Commission [66620 - 66625] ( Chapter 3 added by Stats. 1965, Ch. 1162. ) ## 66625. The headquarters of the commission shall be in the City and County of San Francisco. (Added by Stats. 1965, Ch. 1162.)
66630.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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The commission must make a continuing review of the matters referred to in Sections 66603 and 66651.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66630. The commission shall make a continuing review of all the matters referred to in Section 66603 and Section 66651. (Amended by Stats. 1982, Ch. 413, Sec. 2.5.)
66631.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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The commission must cooperate and coordinate with specified planning agencies, and it must use available planning data to avoid duplicating work.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66631. In making the review, the commission shall cooperate to the fullest extent possible with the Association of Bay Area Governments; and shall, to the fullest extent possible, coordinate its planning with planning by local agencies, which shall retain the responsibility for local land use planning. To avoid duplication of work, the commission shall make maximum use of data and information available from the planning programs of the State Office of Planning and Research, the Association of Bay Area Governments, the San Francisco Bay Regional Water Quality Control Board, the cities and counties in the San Francisco Bay area, and other public and private planning agencies. (Amended by Stats. 1995, Ch. 951, Sec. 2. Effective January 1, 1996.)
66632.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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Most projects involving fill, material extraction, or substantial changes to water, land, or structures in the commission’s jurisdiction need a commission permit, and unauthorized work is a misdemeanor.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66632. (a) Any person or governmental agency wishing to place fill, to extract materials, or to make any substantial change in use of any water, land or structure, within the area of the commission’s jurisdiction shall secure a permit from the commission and, if required by law or by ordinance, from any city or county within which any part of the work is to be performed. For purposes of this title, “fill” means earth or any other substance or material, including pilings or structures placed on pilings, and structures floating at some or all times and moored for extended periods, such as houseboats and floating docks. For the purposes of this section “materials” means items exceeding twenty dollars ($20) in value. (b) The commission shall establish reasonable requirements to assure that sufficient information is provided by permit applicants to allow the commission to act on the applications. The requirements shall include measures to assure that the city or county which has jurisdiction over a project may consider and act on all matters regarding the project that involve a discretionary approval before the commission acts on an application. The city or county shall fully inform the commission on any such matters and the actions taken. The commission shall give full consideration to that information in its application review. (c) The commission may require a reasonable filing fee and reimbursement of expenses for processing and investigating a permit application from all applicants before the commission, including government agencies notwithstanding Section 6103. (d) The commission shall prescribe the form and contents of applications for permits. Among other things, an application for a permit shall set forth all public improvements and public utility facilities which are necessary or incidental to the proposed project and the names and mailing addresses of all public agencies or public utilities who will have ownership or control of the public improvements or public utility facilities if the permit is granted and the project is constructed. The executive director shall give written notice of the filing of the application to all such public agencies and public utilities. If the commission grants a permit for a project, the permit shall include all public improvements and public utility facilities which are necessary or incidental to the project. (e) Upon the filing of an application for a permit by the commission, the commission shall transmit a copy thereof to the San Francisco Bay Regional Water Quality Control Board. Within 30 days, the regional board shall file a report with the commission indicating the effect of the proposed project on water quality within the bay. (f) The commission shall take action upon an application for a permit, either denying or granting the permit, within 90 days after it files the application. The permit shall be automatically granted if the commission shall fail to take specific action either denying or granting the permit within the time period specified in this section. A permit shall be granted for a project if the commission finds and declares that the project is either (1) necessary to the health, safety or welfare of the public in the entire bay area, or (2) of such a nature that it will be consistent with the provisions of this title and with the provisions of the San Francisco Bay Plan then in effect. To effectuate those purposes, the commission may grant a permit subject to reasonable terms and conditions including the uses of land or structures, intensity of uses, construction methods and methods for dredging or placing of fill. Thirteen affirmative votes of members of the commission are required to grant a permit. Neither of the federal representatives who are members of the commission may vote on whether or not a permit shall be granted. Pursuant to this title, the commission may provide by regulation, adopted after public hearing, for the issuance of permits by the executive director, without compliance with the above procedure, in cases of emergency, or for minor repairs to existing installations or minor improvements made anywhere within the area of jurisdiction of the commission including, without limitation, the installation of piers and pilings and maintenance dredging of navigation channels. The commission may also adopt after public hearing such additional regulations as it deems reasonable and necessary to enable it to carry out its functions efficiently and equitably, including regulations classifying the particular water-oriented uses referred to in Section 66602 and 66605. (g) If the commission denies the permit, the applicant may submit another application for the permit directly to the commission after 90 days from the date of the denial. (h) Any project authorized pursuant to this section shall be commenced, performed and completed in compliance with the provisions of all permits granted or issued by the commission and by any city or county. (i) Any action, or proceeding to contest or question the commission’s denial of a permit application, or conditions attached to approval of a permit application, must be commenced in the appropriate court within 90 days following the date of that action by the commission. (j) Any person who places fill, extracts materials, or makes any substantial change in the use of any water, land, or structure within the area of the commission’s jurisdiction without securing a permit from the commission as required by this title is guilty of a misdemeanor. (Amended by Stats. 1987, Ch. 519, Sec. 4.)
66632.1.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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This title does not apply to certain projects if local approval and an Army Corps of Engineers permit were obtained and diking or filling had already begun before this title took effect; it also does not apply to continuation of dredging under existing Army Corps permits.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66632.1. Nothing in this title shall apply to any project where necessary local governmental approval and a Department of the Army Corps of Engineers permit have been obtained to allow commencement of the diking or filling process, and where such diking or filling process has commenced prior to the effective date of this title, nor to the continuation of dredging under existing Department of the Army Corps of Engineers permits. (Added by Stats. 1965, Ch. 1162.)
66632.2.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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Some owners, operators, and agencies may do certain emergency or direct-service public works without first getting a commission permit, but they must notify the commission promptly afterward.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66632.2. (a) The owner or operator of any public service facilities need not obtain a permit from the commission for the construction within or upon any public highway or street of any public service facilities to provide service to persons or property located within the area of the commission’s jurisdiction. The public service facilities referred to in this subdivision shall be limited to those which are necessary for and are customarily used to provide direct and immediate service to the persons or property requiring that service. (b) The owner or operator of public service facilities or a public street or road located anywhere within the area of the commission’s jurisdiction may, without first obtaining a permit from the commission, make emergency repairs to those facilities as may be necessary to maintain service if the emergency requires repairs before an emergency permit can be obtained under subdivision (f) of Section 66632 and if that notification is given to the commission not later than the first working day following the undertaking. (c) “Public service facilities,” as used in this section, means any facilities used or intended to be used to provide water, gas, electric, or communications service and any pipelines, and appurtenant facilities, for the collection or transmission of sewage, flood or storm waters, petroleum, gas, or any liquid or other substance. (d) Any agency that intends to undertake, carry out, or approve an emergency project to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage, need not obtain a permit from the commission, if notification is given to the commission not later than the first working day following the commencement of the undertaking or action. This subdivision does not exempt from this section any agency that is required to obtain from the commission a permit to undertake, carry out, or approve a project to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. (Amended by Stats. 1996, Ch. 825, Sec. 5. Effective January 1, 1997.)
66632.4.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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The commission may deny certain permit applications in the shoreline band only if the project fails to provide maximum feasible public access; in sensitive habitat areas, it must consult the Department of Fish and Game and use the best available scientific evidence to assess wildlife compatibility.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66632.4. Within any portion or portions of the shoreline band that are located outside the boundaries of water-oriented priority land uses, as fixed and established pursuant to Section 66611, the commission may deny an application for a permit for a proposed project only on the grounds that the project fails to provide maximum feasible public access, consistent with the proposed project, to the bay and its shoreline. When considering whether a project provides maximum feasible public access in areas of sensitive habitat, including tidal marshlands and mudflats, the commission shall, after consultation with the Department of Fish and Game, and using the best available scientific evidence, determine whether the access is compatible with wildlife protection in the bay. (Amended by Stats. 2000, Ch. 498, Sec. 1. Effective January 1, 2001.)
66633.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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The commission may accept funding, appoint committees, hire professional services, sue and be sued, and do other things needed to carry out the title.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66633. The commission may: (a) Accept grants, contributions, and appropriations from any public agency, private foundation, or individual. (b) Appoint committees from its membership and appoint advisory committees from other interested public and private groups. (c) Contract for or employ any professional services required by the commission or for the performance of work and services which in its opinion cannot satisfactorily be performed by its officers and employees or by other federal, state, or local governmental agencies. (d) Sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction, including prohibitory and mandatory injunctions to restrain violations of this title. (e) Do any and all other things necessary to carry out the purposes of this title. (Amended by Stats. 1969, Ch. 713.)
66633.1.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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Members of certain advisory bodies are entitled to the same public-employee rights and immunities while performing required duties, and those protections attach from the date of appointment.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66633.1. The Legislature finds and declares that because the San Francisco Bay Conservation and Development Commission must rely on the expertise provided by volunteer members of advisory boards to make decisions which relate to the public safety, members of the advisory boards should be entitled to the same immunity from liability provided commission members and other public employees. Members of the advisory bodies appointed pursuant to Sections 66633 and 66636 while performing duties required by this title or by the commission shall be entitled to the same rights and immunities granted public employees by Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1. Those rights and immunities are deemed to have attached and shall attach as of the date of appointment of a member to the advisory body. This provision shall apply to members appointed to the Engineering Criteria Review Board (14 Cal. Adm. Code 10298), the Design Review Board (14 Cal. Adm. Code 10295), and any other advisory bodies created pursuant to Sections 66633 and 66636. (Amended by Stats. 1987, Ch. 519, Sec. 5.)
66634.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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The commission must take steps to try to obtain funding for its planning activities from federal, state, or local sources, in addition to any legislative appropriation.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66634. The commission shall, in addition to any funds which the Legislature may appropriate for planning activities of the commission, take whatever steps are necessary to attempt to obtain money available of such planning activities from any federal, state, or local sources. (Added by Stats. 1965, Ch. 1162.)
66635.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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The commission must appoint an executive director, and that executive director must appoint necessary employees with the commission’s approval.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66635. The commission shall appoint an executive director who shall have charge of administering the affairs of the commission, subject to the direction and policies of the commission. The executive director shall, subject to approval of the commission, appoint such employees as may be necessary in order to carry out the functions of the commission. (Amended by Stats. 1969, Ch. 713.)
66636.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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The commission chair must appoint a citizens’ advisory committee within one year of the commission’s first meeting, and the committee must have no more than 20 members.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66636. Within a reasonable time, but not to exceed one year from the date of the first meeting of the commission, the chairman of the commission, in collaboration with and with the concurrence of the commission, shall appoint a citizens’ advisory committee to assist and advise the commission in carrying out its functions. The advisory committee shall consist of not more than 20 members. At least one member of the advisory committee shall be a representative of a public agency having jurisdiction over harbor facilities, and another shall represent a public agency having jurisdiction over airport facilities. The advisory committee shall also include representatives of conservation and recreation organizations, and at least one biologist, one sociologist, one geologist, one architect, one landscape architect, one representative of an industrial development board or commission, and one owner of privately held lands within the San Francisco Bay as defined in Section 66610. (Added by Stats. 1965, Ch. 1162.)
66637.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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The executive director may issue a cease and desist order when someone or a government agency is doing or threatening an activity that may need a permit or may conflict with an existing permit.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66637. (a) When the executive director determines that a person or governmental agency has undertaken, or is threatening to undertake, an activity that (1) may require a permit from the commission without securing a permit; or (2) may be inconsistent with a permit previously issued by the commission, the executive director may issue an order directing that person or governmental agency to cease and desist. (b) A cease and desist order issued by the executive director may be subject to the terms and conditions that the executive director may determine are necessary to ensure compliance with this title, including the immediate removal of any fill or other material where that removal is necessary to avoid irreparable injury to an area within the jurisdiction of the commission pending action by the commission under Section 66638. (c) A cease and desist order issued by the executive director shall become null and void 90 days after issuance. (d) A cease and desist order issued by the executive director shall be effective upon the issuance thereof, and copies shall be served forthwith by certified mail upon the person or governmental agency being charged with the actual or threatened violation of this title. A copy of the cease and desist order shall also be sent by certified mail to the owner of the property on which the violation occurred. (Amended by Stats. 2004, Ch. 618, Sec. 4. Effective January 1, 2005.)
66638.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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After a public hearing, the commission may issue a cease-and-desist order if a person or governmental agency is doing, or threatening to do, a permit-related activity without a permit or contrary to an existing permit.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66638. (a) When the commission, after public hearing, determines that a person or governmental agency has undertaken, or is threatening to undertake, an activity that (1) requires a permit from the commission without securing a permit, or (2) is inconsistent with a permit previously issued by the commission, the commission may issue an order requiring the person or governmental agency to cease and desist. (b) A cease and desist order issued by the commission may be subject to the terms and conditions that the commission may determine are necessary to ensure compliance with this title, including immediate removal of any fill or other material or the setting of a schedule within which steps must be taken to obtain a permit pursuant to this title. (c) Notice of the public hearing on a proposed cease and desist order shall be given to all affected persons and agencies and the order shall be effective and final as to the commission upon issuance thereof. Copies shall be served forthwith by certified mail upon the person or governmental agency being charged with the actual or threatened violation of this title and upon other affected persons and agencies who appeared at the hearing and requested a copy. A copy of the cease and desist order shall also be sent by certified mail to the owner of the property on which the violation occurred. (Amended by Stats. 2004, Ch. 618, Sec. 5. Effective January 1, 2005.)
66639.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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An aggrieved party may seek superior court review by writ of mandate within 30 days after service of a cease and desist order.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66639. (a) Within 30 days after service of a copy of a cease and desist order issued by the executive director under Section 66637 or the commission under Section 66638, any aggrieved party may file with the superior court a petition for writ of mandate for review thereof pursuant to Section 1094.5 of the Code of Civil Procedure. Failure to file such an action shall not preclude a party from challenging the reasonableness and validity of an order of the executive director or the commission in any judicial proceedings brought to enforce such order or for other civil remedies. (b) The evidence before the court in any proceeding to review an order of the commission described in subdivision (a) shall consist of the record before the commission, and in cases where it is claimed that the findings are not supported by the evidence, abuse of discretion is established only if the court determines that the findings are not supported by substantial evidence in the light of the whole record. (Added by Stats. 1973, Ch. 766.)
66640.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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If someone fails to comply with a permit, a cease and desist order, or another provision of this title, the Attorney General must ask the superior court for an injunction when the commission requests it.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66640. (a) Upon the failure of a person to comply with a permit or a cease and desist order issued by the executive director or the commission, or with any provision of this title, the Attorney General, upon request of the commission, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the person or persons from continuing any activity in violation of the permit, order, or provision of this title. (b) The evidence before the court shall consist of the record before the executive director or the commission, whoever initially issued the order, and any other relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the policies of this title. In every case brought under this section, the court shall exercise its independent judgment on the evidence. (c) The court shall issue an order directing defendants to appear before the court at a time and place certain and show cause why the injunction should not be issued. The court may grant any prohibitory or mandatory relief that may be warranted. (d) The court may stay the operation of the cease and desist order after notice to the executive director or the commission, whichever initially issued the order, and hearing. The stay may be imposed or continued only if it is not against the public interest. (Amended by Stats. 2004, Ch. 618, Sec. 6. Effective January 1, 2005.)
66640.1.
## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. )
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The commission must create and implement specified enforcement-case procedures, timelines, and penalty tools by the end of the 2020–21 fiscal year.

## Government Code - GOV ## TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600 - 66694] ( Title 7.2 added by Stats. 1965, Ch. 1162. ) ## CHAPTER 4. Powers and Duties of the Commission [66630 - 66648] ( Chapter 4 added by Stats. 1965, Ch. 1162. ) ## 66640.1. The commission shall create and implement all of the following by the end of the 2020–21 fiscal year: (a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases. (b) Timelines for resolving enforcement cases. (c) A penalty matrix for assessing fines and civil penalties. (d) A method for assessing civil penalties in cases involving multiple violations. (Added by Stats. 2020, Ch. 220, Sec. 1. (AB 2809) Effective January 1, 2021.)

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