Public Utilities Code — Part 1 | PUC — United States — California law | Esheria

Public Utilities Code

Part 1 of 38 · provisions 1–200

This act is named the Public Utilities Code.

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About this statute

This part is named the Santa Clara Valley Transportation Authority Act and may be cited by that name. The Legislature states that the Santa Clara Valley Transportation Authority needs broader transportation measures to address traffic congestion and improve roads, highways, and other transportation facilities. The provision says a transit district needs to be established in Santa Clara County. The Santa Clara County Transit District is renamed the Santa Clara Valley Transportation Authority, and existing references to the old name are treated as references to the new name. A municipal corporation that provides broadband Internet access services must comply with the requirements of a specified Government Code article.

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Provisions of Public Utilities Code

Showing 200 of 7,473

  1. 1.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. )

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    This act is named the Public Utilities Code.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 1. This act shall be known as the Public Utilities Code. (Enacted by Stats. 1951, Ch. 764.)
  2. 10.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. )

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    This section defines “Section” and “Subdivision” for the code, with limited exceptions when another statute or section is specifically mentioned.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 10. “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1951, Ch. 764.)
  3. 100000.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 1. Title of Act and Policy [100000 - 100002] ( Chapter 1 added by Stats. 1969, Ch. 180. )

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    This part is named the Santa Clara Valley Transportation Authority Act and may be cited by that name.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 1. Title of Act and Policy [100000 - 100002] ( Chapter 1 added by Stats. 1969, Ch. 180. ) ## 100000. This part shall be known and may be cited as the “Santa Clara Valley Transportation Authority Act.” (Amended by Stats. 1999, Ch. 724, Sec. 7. Effective January 1, 2000.)
  4. 100001.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 1. Title of Act and Policy [100000 - 100002] ( Chapter 1 added by Stats. 1969, Ch. 180. )

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    The provision says a transit district needs to be established in Santa Clara County.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 1. Title of Act and Policy [100000 - 100002] ( Chapter 1 added by Stats. 1969, Ch. 180. ) ## 100001. It is necessary that a transit district be established in the County of Santa Clara in order to meet the public transit problems of that county. Because there is no general law under which such a district could be formed, the adoption of a special act and the formation of a special district is required. (Added by Stats. 1969, Ch. 180.)
  5. 100001.5.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 1. Title of Act and Policy [100000 - 100002] ( Chapter 1 added by Stats. 1969, Ch. 180. )

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    The Legislature states that the Santa Clara Valley Transportation Authority needs broader transportation measures to address traffic congestion and improve roads, highways, and other transportation facilities.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 1. Title of Act and Policy [100000 - 100002] ( Chapter 1 added by Stats. 1969, Ch. 180. ) ## 100001.5. The Legislature hereby finds and declares: (a) Since the formation of the Santa Clara Valley Transportation Authority, unprecedented growth has occurred in the San Francisco Bay area and in Santa Clara County in particular. It has become apparent that additional measures are required in order to deal more effectively with the resultant serious traffic congestion and to foster the development of trade and the movement of people in and around the Santa Clara Valley and throughout the entire bay area. (b) Transit and other modes of transportation are inextricably intertwined, and improvement and maintenance of the road and highway structure in conjunction and coordination with transit improvements are essential to optimize the ability of the Santa Clara Valley Transportation Authority to deal more effectively with serious traffic congestion. (c) The Santa Clara Valley Transportation Authority, having been designated as the Congestion Management Agency for Santa Clara County, and already authorized to construct and improve state and local highways pursuant to Section 100115.5, is uniquely positioned to implement programs to achieve the goal of a balanced approach to solving transportation problems. (d) This goal is best achieved in Santa Clara County by vesting in the Santa Clara Valley Transportation Authority the ability to plan, design, construct, maintain, and repair road and highway improvements, as well as bicycle, pedestrian, and other transportation facilities, under the conditions set forth in this part. (Amended by Stats. 2016, Ch. 381, Sec. 2. (AB 2196) Effective January 1, 2017.)
  6. 100002.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 1. Title of Act and Policy [100000 - 100002] ( Chapter 1 added by Stats. 1969, Ch. 180. )

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    The Santa Clara County Transit District is renamed the Santa Clara Valley Transportation Authority, and existing references to the old name are treated as references to the new name.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 1. Title of Act and Policy [100000 - 100002] ( Chapter 1 added by Stats. 1969, Ch. 180. ) ## 100002. The Santa Clara County Transit District is renamed the Santa Clara Valley Transportation Authority. Any reference in this part, or in any other provision of law or regulation, to the Santa Clara County Transit District shall be deemed to refer to the Santa Clara Valley Transportation Authority. Nothing in the act that added this section alters, impairs, or terminates the district’s status as a transit district, and as an ongoing legal entity, or any of its legal obligations. (Added by Stats. 1999, Ch. 724, Sec. 8. Effective January 1, 2000.)
  7. 10001.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines “public utility” for this article.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10001. “Public utility” as used in this article, means the supply of a municipal corporation alone or together with its inhabitants, or any portion thereof, with water, light, heat, power, sewage collection, treatment, or disposal for sanitary or drainage purposes, transportation of persons or property, means of communication, or means of promoting the public convenience. (Amended by Stats. 1984, Ch. 1112, Sec. 1. Effective September 13, 1984.)
  8. 10001.5.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A municipal corporation that provides broadband Internet access services must comply with the requirements of a specified Government Code article.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10001.5. A municipal corporation that provides broadband Internet access services shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2018, Ch. 963, Sec. 6. (AB 1999) Effective January 1, 2019.)
  9. 100010.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    Unless the context otherwise requires, this chapter controls how this part is interpreted.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100010. Unless the context otherwise requires, the provisions of this chapter govern the construction of this part. (Added by Stats. 1969, Ch. 180.)
  10. 100011.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    This section defines “VTA” as the Santa Clara Valley Transportation Authority.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100011. “VTA” means the Santa Clara Valley Transportation Authority. (Amended by Stats. 2016, Ch. 381, Sec. 3. (AB 2196) Effective January 1, 2017.)
  11. 100012.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    “Transit” means transporting passengers and their incidental baggage, including rapid transit.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100012. “Transit” means the transportation of passengers and their incidental baggage by any means, and includes rapid transit. (Amended by Stats. 1997, Ch. 373, Sec. 3. Effective January 1, 1998.)
  12. 100013.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    “Transit works” or “transit facilities” means VTA property, equipment, rights, or interests used or to be acquired for transit service or purposes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100013. “Transit works” or “transit facilities” means any or all real and personal property, equipment, rights, or interests owned or to be acquired by the VTA for transit service or purposes. (Amended by Stats. 2016, Ch. 381, Sec. 4. (AB 2196) Effective January 1, 2017.)
  13. 100014.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    This section defines “board of directors” and “board” as the VTA’s board of directors.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100014. “Board of directors” and “board” means the board of directors of the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 5. (AB 2196) Effective January 1, 2017.)
  14. 100014.1.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    “Director” means a member of the board of directors of the VTA.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100014.1. “Director” means a member of the board of directors of the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 6. (AB 2196) Effective January 1, 2017.)
  15. 100015.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    This section defines “County” as the County of Santa Clara.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100015. “County” means the County of Santa Clara. (Added by Stats. 1969, Ch. 180.)
  16. 100016.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    This section defines “public agency” to include the State of California and various state and local government bodies and entities.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100016. “Public agency” includes the State of California, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality or agency thereof. (Added by Stats. 1969, Ch. 180.)
  17. 100017.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    This section defines “System” as all transit works and transit facilities owned or held, or to be owned or held, by VTA for transit purposes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100017. “System” means all transit works and transit facilities owned or held or to be owned or held by the VTA for transit purposes. (Amended by Stats. 2016, Ch. 381, Sec. 7. (AB 2196) Effective January 1, 2017.)
  18. 100018.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    “Revenues” means the VTA’s rates, fares, tolls, rentals, and other income received or receivable from operating the system, plus related interest, security-sale profits, and consideration from VTA property.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100018. “Revenues” means all rates, fares, tolls, rentals, or other income and revenue actually received or receivable by or for the account of the VTA from the operation of the system, including, without limiting the generality of the foregoing, interest allowed on any moneys or securities and any profits derived from the sale of any securities and any consideration in any way derived from any properties owned, operated, or at any time maintained by the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 8. (AB 2196) Effective January 1, 2017.)
  19. 100019.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    This section defines “Person” broadly to include many entity types, but excludes a public agency.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100019. “Person” includes any individual, firm, copartnership, association, corporation, trust, limited liability company, business trust or receiver or trustee or conservator for any thereof, but does not include a public agency, as defined in this chapter. (Amended by Stats. 1997, Ch. 373, Sec. 4. Effective January 1, 1998.)
  20. 10002.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Any municipal corporation may acquire, construct, own, operate, or lease a public utility.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10002. Any municipal corporation may acquire, construct, own, operate, or lease any public utility. (Enacted by Stats. 1951, Ch. 764.)
  21. 100020.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    This section defines “establish” to include building, acquiring, extending, or rerouting, but not maintaining or operating an existing system acquired by the VTA.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100020. “Establish” includes establish, construct, complete, acquire, extend, or reroute. It does not, however, include the maintenance and operation of any existing system acquired by the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 9. (AB 2196) Effective January 1, 2017.)
  22. 100021.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

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    This section defines “existing system” for the Santa Clara Valley Transportation Authority provisions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100021. “Existing system” means any transit service or system of a publicly or privately owned public utility or division thereof operating entirely within Santa Clara County or at least 40 percent of whose revenue vehicle miles for the preceding calendar year were operated within the district but does not include a charter-party carrier or the charter service of a passenger stage corporation. (Added by Stats. 1969, Ch. 180.)
  23. 100022.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    This section defines “transportation works” or “transportation facilities” as VTA-owned or VTA-to-be-acquired real or personal property, rights, or interests used to help vehicles or pedestrians pass, but not transit works or transit facilities.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 2. Definitions [100010 - 100022] ( Chapter 2 added by Stats. 1969, Ch. 180. ) ## 100022. “Transportation works” or “transportation facilities” means any or all real and personal property, rights, or interests owned or to be acquired by the VTA to facilitate the passage of vehicles or pedestrians exclusive of transit works and transit facilities. (Amended by Stats. 2016, Ch. 381, Sec. 10. (AB 2196) Effective January 1, 2017.)
  24. 10003.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A municipality’s power to acquire and operate a public utility also includes power to complete, reconstruct, extend, change, enlarge, and repair that utility.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10003. The power to acquire and operate a public utility includes the power to complete, reconstruct, extend, change, enlarge, and repair a public utility acquired, constructed, owned, or operated by a municipality. (Enacted by Stats. 1951, Ch. 764.)
  25. 100030.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3. Formation of District [100030 - 100031] ( Chapter 3 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. General Provisions [100030 - 100031] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The Santa Clara Valley Transportation Authority is recognized and may exercise the powers granted in this provision.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3. Formation of District [100030 - 100031] ( Chapter 3 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. General Provisions [100030 - 100031] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100030. The Legislature recognizes the formation of the Santa Clara Valley Transportation Authority and it may exercise the powers herein granted. (Amended by Stats. 2016, Ch. 381, Sec. 11. (AB 2196) Effective January 1, 2017.)
  26. 100031.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3. Formation of District [100030 - 100031] ( Chapter 3 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. General Provisions [100030 - 100031] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The VTA’s boundaries must include all incorporated and unincorporated territory within Santa Clara County.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3. Formation of District [100030 - 100031] ( Chapter 3 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. General Provisions [100030 - 100031] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100031. The boundaries of the VTA shall include all incorporated and unincorporated territory lying within the County of Santa Clara. (Amended by Stats. 2016, Ch. 381, Sec. 12. (AB 2196) Effective January 1, 2017.)
  27. 10004.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A municipal corporation may acquire, own, control, sell, or exchange specified property, and may operate a public utility when needed to provide desired service.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10004. For the purpose set forth in Sections 10002 and 10003 a municipal corporation may acquire, own, control, sell, or exchange lands, easements, licenses, and rights of every nature within or without its corporate limits, and may operate a public utility within or without the corporate limits when necessary to supply the municipality, or its inhabitants or any portion thereof, with the service desired. (Enacted by Stats. 1951, Ch. 764.)
  28. 10004.5.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Challenges to certain municipal electric utility rate-setting actions must be filed within 120 days of the action’s effective date, subject to a stated exception.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10004.5. (a) Except as provided for in subdivision (b), any judicial action or proceeding against a municipal corporation that provides electric utility service, to attack, review, set aside, void, or annul an ordinance, resolution, or motion fixing or changing a rate or charge for an electric commodity or an electric service furnished by a municipal corporation and adopted on or after July 1, 2000, shall be commenced within 120 days of the effective date of that ordinance, resolution, or motion. (b) This section does not apply to any judicial action or proceeding filed pursuant to Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2 of Title 5 of the Government Code to protest or challenge a rate or charge or to seek the refund of a capital facilities fee if the notice and disclosure requirements of Section 54999.35 of the Government Code have not been followed. (Added by Stats. 2000, Ch. 146, Sec. 5. Effective July 21, 2000.)
  29. 10005.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A municipality may sell, lease, or distribute excess utility water, light, heat, or power outside its corporate limits.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10005. Whenever, in the operation of a utility, a municipality develops an excess of water, light, heat, or power, over and above the amount which is necessary for the use of the municipality and its inhabitants, or such portion thereof as the legislative body of the municipality determines is to be supplied therewith, the municipality may sell, lease, or distribute the excess outside of its corporate limits. (Enacted by Stats. 1951, Ch. 764.)
  30. 100055.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3.5. Existing Systems [100055 - 100055.4] ( Chapter 3.5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    Before VTA establishes a transit service or system that could compete with an existing system, it must give written notice to the public utility operating that system.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3.5. Existing Systems [100055 - 100055.4] ( Chapter 3.5 added by Stats. 1969, Ch. 180. ) ## 100055. Notwithstanding any other provision of this act, before the VTA may establish any transit service or system that may at any time divert, lessen, or compete for the patronage or revenues of any existing system, the VTA shall give a written notice to the public utility that is operating the existing system. The written notice shall describe the transit service or system which the VTA proposes to establish and shall state the time that the VTA proposes to establish that service or system. (Amended by Stats. 2016, Ch. 381, Sec. 15. (AB 2196) Effective January 1, 2017.)
  31. 100055.1.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3.5. Existing Systems [100055 - 100055.4] ( Chapter 3.5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA must not establish, maintain, or operate the proposed service or system until it has completed purchasing the existing system or part of it.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3.5. Existing Systems [100055 - 100055.4] ( Chapter 3.5 added by Stats. 1969, Ch. 180. ) ## 100055.1. The VTA shall not establish the proposed service or system, or maintain and operate the service or system until it has completed the purchase of the existing system or any part thereof. (Amended by Stats. 2016, Ch. 381, Sec. 16. (AB 2196) Effective January 1, 2017.)
  32. 100055.2.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3.5. Existing Systems [100055 - 100055.4] ( Chapter 3.5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The purchase price for the existing system, or any part of it, is set by a formula based on reproduction cost new, plus going concern value, minus depreciation.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3.5. Existing Systems [100055 - 100055.4] ( Chapter 3.5 added by Stats. 1969, Ch. 180. ) ## 100055.2. Subject to Section 100351, the purchase price to be paid for the existing system, or any portion thereof to be purchased, shall be the reproduction cost new, including going concern value, at the date upon which the VTA commences negotiations for the purchase of the existing system, or the portion of the existing system, less depreciation, including wear, tear, and obsolescence, if any. (Amended by Stats. 2016, Ch. 381, Sec. 17. (AB 2196) Effective January 1, 2017.)
  33. 100055.3.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3.5. Existing Systems [100055 - 100055.4] ( Chapter 3.5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The VTA and the public utility operating the existing system may agree on the purchase price, or agree to set it by arbitration.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3.5. Existing Systems [100055 - 100055.4] ( Chapter 3.5 added by Stats. 1969, Ch. 180. ) ## 100055.3. The VTA and public utility operating the existing system may agree upon the purchase price or they may agree that the purchase price is to be established by arbitration and upon the method of naming arbitrators and the method of conducting such arbitration. (Amended by Stats. 2016, Ch. 381, Sec. 18. (AB 2196) Effective January 1, 2017.)
  34. 100055.4.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3.5. Existing Systems [100055 - 100055.4] ( Chapter 3.5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    Section 851 does not apply to sales or contracts to sell an existing system, or part of one, under this chapter, and the Public Utilities Commission has no jurisdiction over those matters.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 3.5. Existing Systems [100055 - 100055.4] ( Chapter 3.5 added by Stats. 1969, Ch. 180. ) ## 100055.4. Section 851 does not apply to any contract for sale or sale of an existing system, or any portion thereof, pursuant to this chapter, and the Public Utilities Commission has no jurisdiction with respect thereto. (Amended by Stats. 1983, Ch. 142, Sec. 139.)
  35. 10006.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A public utility lease is invalid if it runs longer than 15 years, and such leases must be awarded to the highest bidder at public auction.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10006. No lease of a public utility is valid for a period of more than 15 years, and all such leases shall be let to the highest bidder at public auction. (Enacted by Stats. 1951, Ch. 764.)
  36. 100060.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. )

    Verify source ↗

    The VTA is governed by a 12-member board. Certain appointing bodies must, where possible, appoint people with transportation expertise, and an alternate may vote when the director they represent is absent.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. ) ## 100060. (a) The government of the VTA shall be vested in a board of directors which shall consist of 12 members, as follows: (1) Two representatives of the county and one alternate who shall be members of the board of supervisors of the county, appointed by the board of supervisors. (2) Five representatives of the City of San Jose and one alternate who shall be city council members or the mayor of the City of San Jose, appointed by the city council. (3) Five city council members or mayors selected from among the city councils and mayors of all of the cities in the county, other than the City of San Jose, as provided by agreements among those cities. The agreements may provide for the appointment of alternates, who shall be city council members or mayors, for those city representatives. (b) An alternate may vote in the place of a director represented by that alternate if the director is absent. (c) To the extent possible, the appointing powers shall appoint individuals who have expertise, experience, or knowledge relative to transportation issues. (Amended by Stats. 2016, Ch. 381, Sec. 21. (AB 2196) Effective January 1, 2017.)
  37. 100060.2.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. )

    Verify source ↗

    A director’s term is two years unless another rule applies, and a successor must be appointed within 30 days after the term ends.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. ) ## 100060.2. Except as otherwise provided, the term of office for each director shall be two years and until the appointment and qualification of his or her successor. A successor shall be appointed not later than 30 days immediately upon the expiration of a director’s term. A vacancy exists whenever a director ceases to hold office on the city council or board of supervisors from which he or she was appointed. Any vacancy shall, within 60 days of its occurrence, be filled for the balance of the term by the body that made the original appointment. (Amended by Stats. 2016, Ch. 381, Sec. 22. (AB 2196) Effective January 1, 2017.)
  38. 100061.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. )

    Verify source ↗

    The board must elect a chairperson and a vice chairperson each year. The chairperson presides at all meetings, and the vice chairperson acts as chairperson if the chairperson is absent or unable to act.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. ) ## 100061. The board of directors shall annually elect a chairperson who shall preside at all meetings. The board of directors shall also annually elect a vice chairperson, who, in the event of the chairperson’s absence or inability to act, shall act as chairperson, and, while so acting, shall have all of the power and obligations of the chairperson. (Amended by Stats. 2016, Ch. 381, Sec. 23. (AB 2196) Effective January 1, 2017.)
  39. 100062.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. )

    Verify source ↗

    The board must set its own procedure rules, have a quorum by majority, get at least seven votes for valid action, and conduct meetings under the Brown Act.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. ) ## 100062. The board shall establish rules for its proceedings. A majority of the members of the board shall constitute a quorum for the transaction of business and no act of the board shall be valid unless at least seven concur therein. The acts of the board shall be expressed by motion, resolution, or ordinance. All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code. (Amended by Stats. 1994, Ch. 254, Sec. 6. Effective January 1, 1995.)
  40. 100062.1.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. )

    Verify source ↗

    The board generally cannot pass an ordinance immediately; it must wait and act only at a regular or adjourned regular meeting, except for urgency ordinances.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. ) ## 100062.1. (a) No ordinance, except an urgency ordinance, shall be passed by the board on the day of its introduction, nor within three days thereafter, nor at any time other than at a regular or adjourned regular meeting. The enacting clause of all ordinances shall be as follows: “The Board of Directors of the Santa Clara Valley Transportation Authority ordains as follows:” (b) All ordinances shall be signed by the chairperson of the board or the vice chairperson and attested by the secretary. Before the expiration of 15 days after the passage of an ordinance, it shall be published once in a newspaper of general circulation within the boundaries of the VTA as provided by law for ordinances adopted by counties. An order entered in the minutes of the board that the ordinance has been duly published is prima facie proof of publication. (c) Urgency ordinances shall be adopted in the same manner as provided by law for the adoption of urgency ordinances by counties. (Amended by Stats. 2016, Ch. 381, Sec. 24. (AB 2196) Effective January 1, 2017.)
  41. 100063.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. )

    Verify source ↗

    The board may set member compensation, but it cannot exceed $100 per board meeting or per day of service, with a maximum of six days in any calendar month, plus incident expenses.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 1. Board of Directors [100060 - 100063] ( Heading of Article 1 amended by Stats. 2016, Ch. 381, Sec. 20. ) ## 100063. The board may fix the amount of compensation to be paid each member of the board for services and for each meeting attended by the member. The compensation shall not exceed one hundred dollars ($100) for each meeting of the board attended by the member or for each day’s service rendered as a member by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incident thereto. (Amended by Stats. 1994, Ch. 254, Sec. 8. Effective January 1, 1995.)
  42. 10007.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Public utilities that furnish light, heat, or power must not spend advertising funds on ads that encourage increased consumption of those services or commodities.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10007. (a) Every public utility furnishing light, heat, or power shall expend no funds for advertising when such advertising encourages increased consumption of such services or commodities. (b) Nothing in this section shall prohibit a public utility furnishing light, heat, or power from expending funds for advertising which encourages the more efficient operation of the public utility or for advertising which encourages the more efficient use of light, heat, or power, the conservation of energy or natural resources, or presents accurate information on the economical purchase, maintenance, or use of any appliance or device using light, heat, or power. (Added by Stats. 1974, Ch. 194.)
  43. 100070.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 2. Powers and Duties of Board of Directors [100070 - 100071] ( Heading of Article 2 amended by Stats. 2016, Ch. 381, Sec. 25. )

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    The VTA board of directors is the legislative body of the VTA and must determine all questions of VTA policy.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 2. Powers and Duties of Board of Directors [100070 - 100071] ( Heading of Article 2 amended by Stats. 2016, Ch. 381, Sec. 25. ) ## 100070. The board of directors is the legislative body of the VTA and shall determine all questions of VTA policy. (Amended by Stats. 2016, Ch. 381, Sec. 26. (AB 2196) Effective January 1, 2017.)
  44. 100071.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 2. Powers and Duties of Board of Directors [100070 - 100071] ( Heading of Article 2 amended by Stats. 2016, Ch. 381, Sec. 25. )

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    The VTA board of directors must carry out several governance duties and has broad powers over transit facilities, budgets, rates, rules, audits, and employee relations.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 2. Powers and Duties of Board of Directors [100070 - 100071] ( Heading of Article 2 amended by Stats. 2016, Ch. 381, Sec. 25. ) ## 100071. It shall be the duty of the board of directors and it shall have the power to: (a) Determine the transit facilities to be acquired and constructed by the VTA, the manner of operation, and the means to finance them. (b) Adopt an annual budget for the VTA that provides for the compensation of its officers and employees. (c) Fix rates, rentals, charges, and classifications of transit service operated by the VTA. (d) Adopt an administrative code that prescribes the powers and duties of VTA officers, the method of appointment of VTA employees, and the methods, procedures, and systems for the operation and management of the VTA. (e) Adopt rules and regulations governing the use of transit facilities owned or operated by the VTA. (f) Cause a postaudit of the financial transactions and records of the VTA to be made at least annually by a certified public accountant or public accountant. (g) Adopt reasonable rules and regulations providing for the administration of employer-employee relations. (h) Do any and all things necessary to carry out the purposes of this part. (Amended by Stats. 2016, Ch. 381, Sec. 27. (AB 2196) Effective January 1, 2017.)
  45. 100080.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 3. Advisory Commission [100080 - 100082] ( Article 3 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The board of directors must establish at least one advisory committee.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 3. Advisory Commission [100080 - 100082] ( Article 3 added by Stats. 1969, Ch. 180. ) ## 100080. The board of directors shall establish at least one advisory committee. (Amended by Stats. 1994, Ch. 254, Sec. 11. Effective January 1, 1995.)
  46. 100082.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 3. Advisory Commission [100080 - 100082] ( Article 3 added by Stats. 1969, Ch. 180. )

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    Advisory committees must advise the board of directors on VTA policy and may have additional duties assigned by the board.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 3. Advisory Commission [100080 - 100082] ( Article 3 added by Stats. 1969, Ch. 180. ) ## 100082. The advisory committees shall provide advice to the board of directors on matters of VTA policy and shall have additional duties as provided by the board of directors. (Amended by Stats. 2016, Ch. 381, Sec. 28. (AB 2196) Effective January 1, 2017.)
  47. 10009.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A public utility must try to notify affected residential occupants in writing before service is cut off for an arrears account, and the notice must be in English and specified other languages.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10009. (a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling. (b) If a public utility furnishes individually metered residential light, heat, water, or power to residential occupants in a detached single-family dwelling, a multiunit residential structure, mobilehome park, or a permanent residential structure in a labor camp, as defined in Section 17008 of the Health and Safety Code, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the public utility shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears, that service will be terminated in 10 days. The written notice shall further inform the residential occupants that they have the right to become customers of the public utility without being required to pay the amount due on the delinquent account. The notice shall be in English and in the languages listed in Section 1632 of the Civil Code. (c) The public utility is not required to make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service, and meets the requirements of law and the public utility’s rules. However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the public utility, or if there is a physical means, legally available to the public utility, of selectively terminating service to those residential occupants who have not met the requirements of the public utility’s rules, the public utility shall make service available to the residential occupants who have met those requirements. (d) If prior service for a period of time is a condition for establishing credit with the public utility, residence and proof of prompt payment of rent or other obligation acceptable to the public utility for that period of time is a satisfactory equivalent. (e) Any residential occupant who becomes a customer of the public utility pursuant to this section whose periodic payments, such as rental payments, include charges for residential light, heat, water, or power, where these charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the public utility for those services during the preceding payment period. (Amended by Stats. 2009, Ch. 560, Sec. 4. (SB 120) Effective January 1, 2010.)
  48. 10009.1.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A public utility serving master-metered residential occupants must give advance written notice before termination, include specific service and assistance information, and avoid termination in listed situations.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10009.1. (a) If a public utility furnishes light, heat, water, or power to residential occupants through a master meter in a multiunit residential structure, mobilehome park, or permanent residential structures in a labor camp, as defined in Section 17008 of the Health and Safety Code, and the owner, manager, or operator of the structure or park is listed by the public utility as the customer of record, the public utility shall make every good faith effort to inform the residential occupants, by means of a written notice posted on the door of each residential unit at least 15 days prior to termination, when the account is in arrears, that service will be terminated on a date specified in the notice. If it is not reasonable or practicable to post the notice on the door of each residential unit, the public utility shall post two copies of the notice in each accessible common area and at each point of access to the structure or structures. The notice shall further inform the residential occupants that they have the right to become utility customers, to whom the service will then be billed, without being required to pay the amount due on the delinquent account. The notice also shall specify, in plain language, what the residential occupants are required to do in order to prevent the termination of, or to reestablish service; the estimated monthly cost of service; the title, address, and telephone number of a representative of the public utility who can assist the residential occupants in continuing service; and the address and telephone number of a qualified legal services project, as defined in Section 6213 of the Business and Professions Code, which has been recommended by the local county bar association. The notice shall be in English and the languages listed in Section 1632 of the Civil Code. (b) The public utility is not required to make service available to the residential occupants unless each residential occupant or a representative of the residential occupants agrees to the terms and conditions of service, and meets the requirements of law and the public utility’s rules. However, if one or more of the residential occupants or the representative of the residential occupants are willing and able to assume responsibility for subsequent charges to the account to the satisfaction of the public utility, or if there is a physical means, legally available to the public utility, of selectively terminating service to those residential occupants who have not met the requirements of the public utility’s rules or for whom the representative of the residential occupants is not responsible, the public utility shall make service available to the residential occupants who have met those requirements or on whose behalf those requirements have been met. (c) If prior service for a period of time or other demonstration of credit worthiness is a condition for establishing credit with the public utility, residence and proof of prompt payment of rent or other credit obligation during that period of time acceptable to the public utility is a satisfactory equivalent. (d) Any residential occupant who becomes a customer of the public utility pursuant to this section whose periodic payments, such as rental payments, include charges for residential light, heat, water, or power, where these charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the public utility for those services during the preceding payment period. (e) If a public utility furnishes residential service subject to subdivision (a), the public utility may not terminate that service in any of the following situations: (1) During the pendency of an investigation by the public utility of a customer dispute or complaint. (2) If the customer has been granted an extension of the period for payment of a bill. (3) For an indebtedness owed by the customer to any other public agency or when the obligation represented by the delinquent account or other indebtedness was incurred with any public agency other than the public utility. (4) If a delinquent account relates to another property owned, managed, or operated by the customer. (5) If a public health or building officer certifies that termination would result in a significant threat to the health or safety of the residential occupants or the public. (f) Notwithstanding any other provision of law, and in addition to any other remedy provided by law, if the owner, manager, or operator, by any act or omission, directs, permits, or fails to prevent a termination of service while any residential unit is occupied, the residential occupant or the representative of the residential occupants may commence an action for the recovery of all of the following: (1) Reasonable costs and expenses incurred by the residential occupant or the representative of the residential occupants related to restoration of service. (2) Actual damages related to the termination of service. (3) Reasonable attorney’s fees of the residential occupants, the representative of the residential occupants, or each of them, incurred in the enforcement of this section, including, but not limited to, enforcement of a lien. (g) Notwithstanding any other provision of law, and in addition to any other remedy provided by law, if the owner, manager, or operator, by any act or omission, directs, permits, or fails to prevent a termination of service while any residential unit receiving that service is occupied, the corporation may commence an action for the recovery of all of the following: (1) Delinquent charges accruing prior to the expiration of the notice prescribed by subdivision (a). (2) Reasonable costs incurred by the corporation related to the restoration of service. (3) Reasonable attorney’s fees of the corporation incurred in the enforcement of this section or in the collection of delinquent charges, including, but not limited to, enforcement of a lien. If the court finds that the owner, manager, or operator has paid the amount in arrears prior to termination, the court shall allow no recovery of any charges, costs, damages, expenses, or fees under this subdivision from the owner, manager, or operator. An abstract of any money judgment entered pursuant to subdivision (f) or (g) of this section shall be recorded pursuant to Section 697.310 of the Code of Civil Procedure. (h) No termination of service subject to this section may be effected without compliance with this section, and any service wrongfully terminated shall be restored without charge to the residential occupants or customer for the restoration of the service. In the event of a wrongful termination by the public utility, the public utility shall, in addition, be liable to the residential occupants or customer for actual damages resulting from the termination and for the costs of enforcement of this section, including, but not limited to, reasonable attorney’s fees, if the residential occupants or the representative of the residential occupants make a good faith effort to have the service continued without interruption. (i) The public utility shall adopt rules and regulations necessary to implement this section and shall liberally construe this section to accomplish its purpose of ensuring that service to residential occupants is not terminated due to nonpayment by the customer unless the public utility has made every reasonable effort to continue service to the residential occupants. The rules and regulations shall include, but are not limited to, guidelines for assistance to actual users in the enforcement of this section and requirements for the notice prescribed by subdivision (a), including, but not limited to, clear wording, large and boldface type, and comprehensive instructions to ensure full notice to the actual user. (j) Nothing in this section broadens or restricts any authority of a local agency that existed prior to January 1, 1989, to adopt an ordinance protecting a residential occupant from the involuntary termination of residential public utility service. (k) This section preempts any statute or ordinance permitting punitive damages against any owner, manager, or operator on account of an involuntary termination of residential public utility service or permitting the recovery of costs associated with the formation, maintenance, and termination of a tenants’ association. (l) For purposes of this section, “representative of the residential occupants” does not include a tenants’ association. (Amended by Stats. 2010, Ch. 328, Sec. 205. (SB 1330) Effective January 1, 2011.)
  49. 10009.6.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Rules on utility deposits and billing for residential tenants: deposits must be based on creditworthiness, certain recovery efforts against later tenants or property owners are barred, and deposit amounts are capped.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10009.6. (a) The decision of a public utility to require a new residential applicant to deposit a sum of money with the public utility prior to establishing an account and furnishing service shall be based solely upon the creditworthiness of the applicant as determined by the public utility. (b) No municipal corporation owning or operating a public utility furnishing services for residential use to a tenant under an account established by the tenant shall seek to recover any charges or penalties for the furnishing of services to, or for the tenant’s residential use from, any subsequent tenant or the property owner due to nonpayment of charges by a previous tenant. For this purpose, the term “subsequent tenant” shall not include any adult person who lived at the residence during the period that the charges or penalties accrued. The municipal corporation may collect a deposit from the tenant service applicant prior to establishing an account for the tenant. The municipal corporation may not require that service to subsequent tenants be furnished on the account of the landlord or property owner unless the property owner voluntarily agrees to that requirement, nor may the municipal corporation refuse to furnish services to a tenant in the tenant’s name based upon the nonpayment of charges by a previous tenant. (c) A public utility subject to this section may not demand or receive security in an amount that exceeds twice the estimated average periodic bill or three times the estimated average monthly bill. (d) In the event of tenant nonpayment of all or a portion of the bill, the deposit shall be applied to the final bill issued when service is terminated. (e) This section shall not apply to master-metered apartment buildings. (Amended by Stats. 1998, Ch. 739, Sec. 1. Effective January 1, 1999.)
  50. 100090.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 4. Officers [100090 - 100091] ( Article 4 added by Stats. 1969, Ch. 180. )

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    The VTA’s officers include the board members and specified officers, and the board may appoint or remove the general manager and general counsel by majority vote.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 4. Officers [100090 - 100091] ( Article 4 added by Stats. 1969, Ch. 180. ) ## 100090. The officers of the VTA shall consist of the members of the board of directors, the chairperson and vice chairperson of the board, a secretary, a general manager, a general counsel, and any other officers that the board deems necessary and provides for by ordinance or resolution. The general manager and general counsel shall be appointed and may be removed by the affirmative votes of a majority of the board. (Amended by Stats. 2016, Ch. 381, Sec. 29. (AB 2196) Effective January 1, 2017.)
  51. 100091.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 4. Officers [100090 - 100091] ( Article 4 added by Stats. 1969, Ch. 180. )

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    The secretary, and assistants designated by the board, may administer legally required oaths or affirmations, including the oath of office.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 4. Officers [100090 - 100091] ( Article 4 added by Stats. 1969, Ch. 180. ) ## 100091. The secretary and those assistants that the board designates may administer all oaths or affirmations required by law, including the oath of office. (Added by Stats. 1997, Ch. 373, Sec. 7. Effective January 1, 1998.)
  52. 1001.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Certain utilities must get a commission certificate before starting construction, but some electrical transmission facility changes and listed extensions are exempt. The commission may also issue location terms after a hearing if utility facilities interfere with each other.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1001. (a) A railroad corporation whose railroad is operated primarily by electricity, street railroad corporation, gas corporation, electrical corporation, telegraph corporation, telephone corporation, water corporation, or sewer system corporation shall not begin the construction of a street railroad, of a line, plant, or system, or of any extension thereof, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require its construction. (b) The extension, expansion, upgrade, or other modification of an existing electrical transmission facility, including transmission lines and substations, does not require a certificate that the present or future public convenience and necessity requires or will require its construction. (c) This article does not require those corporations to secure that certificate for an extension within any city or city and county within which it has lawfully commenced operations, for an extension into territory either within or without a city or city and county contiguous to its street railroad, line, plant, or system, and not served by a public utility of like character, or for an extension within or to territory already served by it, necessary in the ordinary course of its business. If any public utility, in constructing or extending its line, plant, or system, interferes or is about to interfere with the operation of the line, plant, or system of any other public utility or of the water system of a public agency, already constructed, the commission, on complaint of the public utility or public agency claiming to be injuriously affected, may, after hearing, make an order and prescribe terms and conditions for the location of the lines, plants, or systems affected as to it may seem just and reasonable. (Amended by Stats. 2022, Ch. 357, Sec. 2. (SB 529) Effective January 1, 2023.)
  53. 1001.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    In certain transmission-project certificate proceedings, the commission must establish a rebuttable presumption favoring an Independent System Operator governing board-approved need evaluation if specified conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1001.1. In a proceeding evaluating the issuance of a certificate of public convenience and necessity for a proposed transmission project, the commission shall establish a rebuttable presumption with regard to need for the proposed transmission project in favor of an Independent System Operator governing board-approved need evaluation if all of the following are satisfied: (a) The Independent System Operator governing board has made explicit findings regarding the need for the proposed transmission project and has determined that the proposed project is the most cost-effective transmission solution. (b) The Independent System Operator is a party to the proceeding. (c) The Independent System Operator governing board-approved need evaluation is submitted to the commission within sufficient time to be included within the scope of the proceeding. (d) There has been no substantial change to the scope, estimated cost, or timeline of the proposed transmission project as approved by the Independent System Operator governing board. (Added by Stats. 2023, Ch. 367, Sec. 10. (AB 1373) Effective October 7, 2023.)
  54. 1001.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must exempt certain out-of-state utility construction from Section 1001 if the utility applies and gets 75% or more of its operating revenue from outside the state, unless the public interest requires denial.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1001.5. (a) The commission shall exempt the construction of any line, plant, or system, or extension thereof, located outside the boundaries of the state from the requirements of Section 1001, upon the application of the public utility constructing that line, plant, or system, or extension thereof, if the public utility derives 75 percent or more of its operating revenues from outside the state, as recorded in the fiscal period immediately before the filing of the application, unless the commission determines that the public interest requires that the construction should not be exempt from Section 1001. (b) Except as provided in subdivision (c), the commission shall make the determination denying the exemption, as specified in subdivision (a), within 90 days after the public utility files the application for exemption with the commission. If the commission fails to make this determination within that 90-day period, the construction of that line, plant, or system, or extension thereof, is exempt from the requirements of Section 1001. (c) The commission and the public utility filing the application for exemption may, if both agree, extend the time period within which the commission is required to make the determination denying the exemption, for not more than an additional 60 days after the expiration of the 90-day period specified in subdivision (b). (Added by Stats. 1983, Ch. 971, Sec. 2. Effective September 21, 1983.)
  55. 10010.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Public utilities that provide light, water, power, or heat generally cannot cut off residential service for nonpayment without first giving notice, and they must avoid termination in several dispute, extension, and medical-certification situations.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10010. (a) No public utility furnishing light, water, power, or heat may terminate residential service for nonpayment of a delinquent account unless the public utility first gives notice of the delinquency and impending termination, as provided in Section 10010.1. (b) No public utility shall terminate residential service for nonpayment in any of the following situations: (1) During the pendency of an investigation by the public utility of a customer dispute or complaint. (2) When a customer has been granted an extension of the period for payment of a bill. (3) On the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the public utility pursuant to subdivision (e) with respect to all charges that the customer is unable to pay prior to delinquency. (c) Any residential customer who has initiated a complaint or requested an investigation within five days of receiving the disputed bill, or who has, within 13 days of mailing of the notice required by subdivision (a), made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment, shall be given an opportunity for review of the complaint, investigation, or request by a review manager of the public utility. The review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed 12 months. No termination of service shall be effected for any customer complying with the amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. (d) Any customer whose complaint or request for an investigation pursuant to subdivision (c) has resulted in an adverse determination by the public utility may appeal the determination to the governing body of the municipal corporation. Any subsequent appeal of the dispute or complaint to the governing body is not subject to this section. (e) Any customer meeting the requirements of paragraph (3) of subdivision (b) shall, upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment. (Amended by Stats. 1985, Ch. 888, Sec. 7.)
  56. 10010.1.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Public utilities may not cut off residential service for nonpayment unless they first give the required notices and contacts.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10010.1. (a) A public utility furnishing light, heat, water, or power shall not terminate residential service on account of nonpayment of a delinquent account unless the public utility first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed, not earlier than 19 days from the date of mailing the public utility’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice. (b) Every public utility shall make a reasonable attempt to contact an adult person residing at the premises of the customer by telephone or personal contact, at least 24 hours prior to any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the public utility shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of termination of service, at least 48 hours prior to termination. (c) Every public utility shall make available to its residential customers who are 65 years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the public utility will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third-party notification on a form provided by the public utility, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service. (d) Every notice of termination of service pursuant to subdivision (a) shall include all of the following information: (1) The name and address of the customer whose account is delinquent. (2) The amount of the delinquency. (3) The date by which payment or arrangements for payment is required in order to avoid termination. (4) The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges, except that, if the bill for service contains a description of that procedure, the notice pursuant to subdivision (a) is not required to contain that information. (5) The procedure by which the customer may request amortization of the unpaid charges. (6) The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable. (7) The telephone number of a representative of the public utility who can provide additional information or institute arrangements for payment. Every notice of termination of service pursuant to subdivision (b) shall include the items of information in paragraphs (1), (2), (3), (6), and (7). All written notices shall be in a clear and legible format. (e) If a residential customer fails to comply with an amortization agreement, the public utility shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but the notice does not entitle the customer to further investigation by the public utility. (f) A termination of service shall not be effected without compliance with this section. Any service wrongfully terminated shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the customer’s billing address. (Amended by Stats. 2019, Ch. 497, Sec. 250. (AB 991) Effective January 1, 2020.)
  57. 100100.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 5. General Manager [100100- 100100.] ( Heading of Article 5 amended by Stats. 2016, Ch. 381, Sec. 30. )

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    The general manager has specified powers and duties for running VTA’s administration, budget, staffing, planning, reporting, and board support.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 4. Government of VTA [100060 - 100100] ( Heading of Chapter 4 amended by Stats. 2016, Ch. 381, Sec. 19. ) ## ARTICLE 5. General Manager [100100- 100100.] ( Heading of Article 5 amended by Stats. 2016, Ch. 381, Sec. 30. ) ## 100100. The power and duties of the general manager are all of the following: (a) To head the administrative branch of the VTA and to be responsible to the board of directors for the proper administration of all affairs of the VTA. (b) To appoint, supervise, suspend, or remove VTA officers other than the members of the board and officers appointed by the board. (c) To supervise and direct the preparation of the annual budget for the board and be responsible for its administration after its adoption. (d) To formulate and present to the board plans for transit and other transportation facilities within the boundaries of the VTA and the means to finance them. (e) To supervise the planning, acquisition, construction, maintenance, and operation of the transit facilities of the VTA and other transportation facilities within the boundaries of the VTA, as needed. (f) To attend all meetings of the board. (g) To prepare and submit to the board as soon as practicable after the end of each fiscal year a complete report of the finances and administrative activities of the VTA for the preceding year. (h) To perform other and additional duties as the board may require. (Amended by Stats. 2016, Ch. 381, Sec. 31. (AB 2196) Effective January 1, 2017.)
  58. 10011.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A public utility providing electricity, gas, heat, or water must not shut off those services for delinquent payment on Saturdays, Sundays, legal holidays, or when its offices are closed to the public.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10011. No electrical, gas, heat, or water public utility shall, by reason of delinquency in payment for any electric, gas, heat, or water services, cause cessation of any such services on any Saturday, Sunday, legal holiday, or at any time during which the business offices of the public utility are not open to the public. (Added by Stats. 1977, Ch. 1027.)
  59. 10011.5.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A covered public utility must offer a reasonable and convenient alternative when it requires a customer to appear in person but the customer cannot come during normal business hours.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10011.5. Whenever a business transaction of a public utility, as defined in Section 10001, furnishing electricity, gas, water service where the utility has 10,000 or more service connections, or telephone service is such that a personal appearance by a person is required by the utility and the person is unable to appear at the utility’s place of business during the utility’s usual business hours, then the utility shall provide a reasonable and convenient alternative to the person such as an appointment outside the utility’s usual business hours or allowing the person to conduct the transaction by telephone, mail, or both. (Added by Stats. 1995, Ch. 614, Sec. 2. Effective January 1, 1996.)
  60. 100110.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. )

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    VTA has perpetual succession and may adopt and change its seal.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100110. The VTA has perpetual succession and may adopt a seal and alter it at its pleasure. (Amended by Stats. 2016, Ch. 381, Sec. 33. (AB 2196) Effective January 1, 2017.)
  61. 100111.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. )

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    VTA may sue and be sued in courts and tribunals of competent jurisdiction, unless another law provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100111. The VTA may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (Amended by Stats. 2016, Ch. 381, Sec. 34. (AB 2196) Effective January 1, 2017.)
  62. 100112.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. )

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    Claims for money or damages against the VTA are governed by Government Code Division 3.6, unless that division itself says otherwise or another statute or regulation expressly applies.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100112. All claims for money or damages against the VTA are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 2016, Ch. 381, Sec. 35. (AB 2196) Effective January 1, 2017.)
  63. 100113.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. )

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    VTA may not levy a tax under Section 100250 unless the electors approve it at a special election called by the board of directors.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100113. (a) The VTA shall not levy any tax pursuant to Section 100250 unless approved by the electors voting on the measure in accordance with Article XIII C of the California Constitution at a special election called for that purpose by the board of directors. (b) Whenever a bond election is held to authorize incurring bonded indebtedness pursuant to Section 100400, the ordinance calling the election shall include a statement of the tax or taxes to be levied or continued to be levied and used, to the extent those taxes are required to pay principal of and interest on the bonds as the same become due, to provide any sinking fund payments required therefor, or to create or maintain any reserve fund required therefor. A vote in favor of the issuance of the bonds shall authorize the board to levy and collect such taxes. The ordinance levying the taxes shall not be repealed until all bonds payable from the revenues derived from the taxes have been fully paid or provision has been made for their payment in full. (Amended by Stats. 2016, Ch. 381, Sec. 36. (AB 2196) Effective January 1, 2017.)
  64. 100114.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. )

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    VTA elections must be called, held, and conducted under the Uniform District Election Law, unless this part provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100114. Except as otherwise provided in this part, VTA elections shall be called, held, and conducted as provided by the Uniform District Election Law. (Amended by Stats. 2016, Ch. 381, Sec. 37. (AB 2196) Effective January 1, 2017.)
  65. 100115.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. )

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    VTA may use powers granted by other laws that apply to transit districts or similar public entities, but it may not act contrary to an express provision of this part.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100115. The VTA may exercise any and all powers granted by any other law that, by its terms, is applicable to transit districts generally, to public agencies generally, or to any classification of districts or public agencies that includes an entity of the type provided for in this part, but the VTA shall not exercise any power contrary to an express provision of this part. (Amended by Stats. 2016, Ch. 381, Sec. 38. (AB 2196) Effective January 1, 2017.)
  66. 100115.5.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. )

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    VTA may administer and implement certain countywide transportation expenditure plans, and it must consult and coordinate with specified local and state authorities.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 1. Corporate Power [100110 - 100115.5] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100115.5. (a) The VTA may administer and implement any adopted countywide transportation expenditure plan funded in an amount greater than 50 percent from revenues derived from a retail transaction and use tax, if so designated in the plan or if the VTA and the entity that imposes the tax have entered into an agreement that so provides. The VTA may exercise those powers necessary to carry out this purpose. (b) The VTA may do any and all things necessary to ensure the completion of any projects established in a plan as set forth in subdivision (a). These projects may include, but are not limited to, all of the following: (1) The construction and improvement of state highways. (2) The construction, maintenance, and improvement of local roads, streets, and county highways. (3) The construction, improvement, and operation of public transit systems, including paratransit services. (4) The construction and improvement of bicycle and other transportation facilities. (c) The VTA shall consult with and coordinate any actions for administering and implementing a plan as set forth in subdivision (a) with the cities in the county, the board of supervisors, and the Department of Transportation. (d) Nothing in this section shall vary the terms of the cooperative agreement dated July 1, 1999, between the VTA and the County of Santa Clara for the construction of transportation projects utilizing local transaction and use tax revenues derived from Santa Clara County general tax Measure B approved by the voters in November 1996. If any of the provisions of this section conflict with the provisions of that cooperative agreement, the provisions of the cooperative agreement shall take precedence. (Amended by Stats. 2016, Ch. 381, Sec. 39. (AB 2196) Effective January 1, 2017.)
  67. 10012.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Every public utility must comply with Section 8029.5.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10012. Every public utility shall comply with Section 8029.5. (Added by Stats. 1982, Ch. 549, Sec. 2.)
  68. 100120.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 2. Contracts [100120 - 100126] ( Article 2 added by Stats. 1969, Ch. 180. )

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    VTA may make contracts and enter into stipulations, including for eminent domain matters and related purposes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 2. Contracts [100120 - 100126] ( Article 2 added by Stats. 1969, Ch. 180. ) ## 100120. The VTA may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, without limiting the generality of the foregoing, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this part. (Amended by Stats. 2016, Ch. 381, Sec. 40. (AB 2196) Effective January 1, 2017.)
  69. 100121.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 2. Contracts [100120 - 100126] ( Article 2 added by Stats. 1969, Ch. 180. )

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    VTA may contract with U.S. departments or agencies, other public agencies, or private persons if the board finds the terms are in VTA’s best interest.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 2. Contracts [100120 - 100126] ( Article 2 added by Stats. 1969, Ch. 180. ) ## 100121. The VTA may contract with any department or agency of the United States of America, with any public agency or with any person upon terms and conditions as the board finds is for the best interest of the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 41. (AB 2196) Effective January 1, 2017.)
  70. 100124.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 2. Contracts [100120 - 100126] ( Article 2 added by Stats. 1969, Ch. 180. )

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    The VTA may buy insurance for system damage or destruction and for lost revenues, and may set insurance terms when authorizing bonds.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 2. Contracts [100120 - 100126] ( Article 2 added by Stats. 1969, Ch. 180. ) ## 100124. The VTA may insure against any accident or destruction of the system or any part thereof. The VTA may insure against loss of revenues from any cause whatsoever. It may provide, in the proceedings authorizing the issuance of any bonds, for the carrying of insurance in an amount and of a character as may be specified and for the payment of premiums thereon. The VTA may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code. (Amended by Stats. 2016, Ch. 381, Sec. 42. (AB 2196) Effective January 1, 2017.)
  71. 100125.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 2. Contracts [100120 - 100126] ( Article 2 added by Stats. 1969, Ch. 180. )

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    VTA may contract for independent contractor services.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 2. Contracts [100120 - 100126] ( Article 2 added by Stats. 1969, Ch. 180. ) ## 100125. The VTA may contract for the services of independent contractors. (Amended by Stats. 2016, Ch. 381, Sec. 43. (AB 2196) Effective January 1, 2017.)
  72. 100126.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 2. Contracts [100120 - 100126] ( Article 2 added by Stats. 1969, Ch. 180. )

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    The district continues as an entity under its governing board, and existing contracts and district rights and powers continue in force.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 2. Contracts [100120 - 100126] ( Article 2 added by Stats. 1969, Ch. 180. ) ## 100126. The Santa Clara County Transit District, which was established with the approval of the voters in 1972, shall continue as an entity under the control of its governing board as reorganized pursuant to the amendments to this part by statutes that were enacted in 1994. Nothing in the act that added this section during the second year of the 1993–94 Regular Session shall be construed to alter, impair, or terminate existing contracts between the district and other parties, including, but not limited to, funding agreements, grants, labor agreements, agreements entered into pursuant to Section 13(c) of the Federal Transit Act and its antecedents, bonds, notes, equipment trust certificates, or other obligations of the district. All rights and powers of the district shall continue in full force and effect and no affirmation, adoption, or assumption by the board of directors is required for that continuation. The VTA shall become the successor to certain county contracts as provided by agreement between the county and the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 44. (AB 2196) Effective January 1, 2017.)
  73. 10013.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A privatizer must apply to the commission for a determination that the project is exempt, and the commission must review and decide the application within set time limits.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10013. (a) Subsequent to signing a contingent franchise, license, or service agreement with a local agency, a privatizer shall apply to the commission for a determination that the proposed privatization project is not a public utility within the meaning of Section 216 and is therefore exempt from commission regulation. When a privatizer files an application with the commission, the privatizer shall include the information the commission requires to make a determination in accordance with subdivisions (b), (c), (d), and (e). (b) (1) Not later than 60 calendar days after the privatizer submits its application to the commission, the commission shall determine in writing whether the application is complete and shall immediately transmit the determination to the privatizer. (2) If the application is determined not to be complete, the commission shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which it can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the commission in response to the list and description. Upon resubmittal of the application, a new 60-calendar-day period shall begin, during which the commission shall determine the completeness of the application. (3) If the application is deemed complete, the commission may determine not later than 90 calendar days after the application is deemed complete that the privatization project is not a public utility within the meaning of Section 216 and is therefore exempt from commission regulation, if the commission finds that the application clearly complies with the criteria in subdivisions (d) and (e). If the commission does not make this finding, then it shall proceed under the schedule established in subdivision (c). (4) If the commission fails to make a written determination as to the completeness of the application within 60 calendar days after receipt of the original or resubmitted application, the application shall be deemed complete for purposes of this section. (c) Within 180 calendar days after the application is deemed complete, the commission shall determine whether the privatization project is a public utility within the meaning of Section 216 using the criteria in subdivisions (d) and (e). The commission may hold a hearing on the matter if the commission finds it to be necessary. No franchise, license, or service agreement between a privatizer and a local agency shall be entered into until the commission has either exempted the project or the 180-calendar-day period has expired, whichever comes first. Nothing in this section precludes a privatizer and the commission from mutually agreeing to a further extension of any time limit provided in this section. (d) The commission may determine that a privatization project is not a public utility within the meaning of Section 216, and is therefore exempt from commission regulation if it finds that the franchise, license, or service agreement both demonstrates that the local agency retains sufficient jurisdiction to protect the public interest and adequately addresses all aspects of the provision of service which would otherwise be subject to commission regulation. In making its determination, the commission shall determine whether the local agency has complied with Section 54253 of the Government Code. The decision of the commission shall be final and conclusive in the absence of any subsequent changes. (e) In making a determination pursuant to subdivision (c), the commission shall review the franchise, license, or service agreement to ensure that the agreement grants the local agency, at a minimum, all of the following: (1) Exclusive authority to establish all rates and rate changes charged to the public. (2) Approval over any proposal of the privatizer to provide new, additional, or alternative service to any other public or private entity or to change the service fee paid to the privatizer by the local agency. (3) Approval over the original design and construction of the project, including any changes in design, alterations, or additions to the project. (4) Approval over any changes in ownership of the party or parties subject to the franchise, license, or service agreement. (5) Authority to impose fines and penalties for noncompliance with any provision of the executed franchise, license, or service agreement, or for failure to provide the service within the time period agreed to in the franchise, license, or service agreement. (6) Authority to ensure that the facility is adequately maintained. (7) Adequate opportunity to monitor compliance with the agreement and to ensure the project will be operated to meet any applicable federal or state water quality standards or other applicable laws. (8) Adequate opportunity to amend the agreement in the event of unforeseen circumstances or contingencies, such as flood, earthquake, fire, or other natural disasters or federal tax law changes. (f) The commission may adopt whatever procedures it deems necessary to carry out the provisions of subdivisions (a), (b), (c), (d), and (e). The commission shall adopt regulations for reviewing any proposed changes to a contingent franchise, license, or service agreement to determine if the proposed changes could render the project a public utility within the meaning of Section 216. The commission shall charge each privatizer submitting an application pursuant to this section a fee which will be sufficient to defray the costs incurred in processing the application and rendering a decision upon it. (g) As used in this section, “privatization project” means any waste water or sewerage project that is owned and operated by a privatizer pursuant to a franchise, license, or service agreement with a local agency, or any agency of that local agency, pursuant to which services are supplied for the benefit of the local agency, its residents, or both, or any agency of the state. “Project” includes, but is not limited to, financing, designing, constructing, repairing, replacing, maintaining, and operating collector systems, pumping stations, treatment plants, and lateral interceptors, and outfall sewers. “Local agency” means any city, county, city and county, special district, or county service area. “Privatizer” means any corporation, partnership, or natural person, excluding municipal corporations, which owns and operates a wastewater or sewerage project pursuant to a franchise, license, or service agreement with a local agency. “Privatization project,” as used in this section, includes the Santa Ana Watershed Project Authority’s Arlington Basin Groundwater Desalter Project, which will treat groundwater contaminated by wastewater. (Amended by Stats. 1992, Ch. 669, Sec. 3. Effective January 1, 1993.)
  74. 100130.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 3. Property [100130 - 100133] ( Article 3 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA and its board may acquire, hold, lease, mortgage, sell, and otherwise տնօրice property needed for VTA powers.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 3. Property [100130 - 100133] ( Article 3 added by Stats. 1969, Ch. 180. ) ## 100130. The VTA may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind within or without the boundaries of the VTA necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without the boundaries of the VTA necessary to the full or convenient exercise of its powers. (Amended by Stats. 2016, Ch. 381, Sec. 45. (AB 2196) Effective January 1, 2017.)
  75. 100130.5.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 3. Property [100130 - 100133] ( Article 3 added by Stats. 1969, Ch. 180. )

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    VTA may acquire, hold, and transfer property for qualifying transit-oriented joint development projects, and those projects must follow local land use and zoning rules.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 3. Property [100130 - 100133] ( Article 3 added by Stats. 1969, Ch. 180. ) ## 100130.5. (a) The VTA may take by gift, or take or convey by grant, purchase, devise, or lease, and hold and enjoy, real and personal property of every kind within or without the boundaries of the VTA necessary for, incidental to, or convenient for, transit-oriented joint development projects that meet the definition and requirement set forth in subdivision (b). (b) (1) For purposes of this section, a transit-oriented joint development project is a commercial, residential, or mixed-use development that is undertaken in connection with existing, planned, or proposed transit facilities and is located 1/4 mile or less from the external boundaries of that facility. (2) Any transit-oriented joint development project created under this section shall comply with the land use and zoning regulations of the city, county, or city and county in which the project is located. (c) Notwithstanding Sections 53090 and 53091 of the Government Code or any other provision of law, the authority granted under this section is subject to the land use and zoning regulations of the city, county, or city and county jurisdiction in which the transit-oriented joint development is located, in accordance with the Planning and Zoning Law (Title 7 (commencing with Section 65000) of the Government Code), relating to zoning. (Amended by Stats. 2016, Ch. 381, Sec. 46. (AB 2196) Effective January 1, 2017.)
  76. 100131.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 3. Property [100130 - 100133] ( Article 3 added by Stats. 1969, Ch. 180. )

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    VTA may use eminent domain to take needed property, but must pay certain utility relocation costs and cannot take railroad property for abandonment, removal, relocation, or use unless the Public Utilities Commission makes required findings after a hearing.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 3. Property [100130 - 100133] ( Article 3 added by Stats. 1969, Ch. 180. ) ## 100131. (a) The VTA may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The VTA, in exercising this power, shall in addition to the damages for the taking, injury, or destruction of property, also pay the cost, exclusive of betterment and with credit for salvage value, of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility that are required to be moved to a new location. (b) No taking or acquisition by the VTA that would involve the abandonment, removal, relocation, or use of the property of a railroad corporation, as defined in Section 230, shall be permitted, unless the Public Utilities Commission, after a hearing, shall find and determine that the public interest and necessity require the abandonment, removal, relocation, or use of that property and that the taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service. (Amended by Stats. 2016, Ch. 381, Sec. 47. (AB 2196) Effective January 1, 2017.)
  77. 100132.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 3. Property [100130 - 100133] ( Article 3 added by Stats. 1969, Ch. 180. )

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    The Public Utilities Commission can set just compensation for property taken in VTA eminent domain cases, and the VTA may choose to bring and continue those proceedings before the Commission or the superior court.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 3. Property [100130 - 100133] ( Article 3 added by Stats. 1969, Ch. 180. ) ## 100132. The Public Utilities Commission of the state shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property of a public utility in eminent domain proceedings brought by the VTA. The VTA may commence and maintain the eminent domain proceedings in the Public Utilities Commission or the superior court at its option. (Amended by Stats. 2016, Ch. 381, Sec. 48. (AB 2196) Effective January 1, 2017.)
  78. 100133.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 3. Property [100130 - 100133] ( Article 3 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA is entitled to benefit from a reservation or grant when a public agency has a right to build or maintain roads, highways, or other crossings over public or private land.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 3. Property [100130 - 100133] ( Article 3 added by Stats. 1969, Ch. 180. ) ## 100133. The VTA is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to any public agency to construct or maintain roads, highways, or other crossings over any public or private lands. (Amended by Stats. 2016, Ch. 381, Sec. 49. (AB 2196) Effective January 1, 2017.)
  79. 10014.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may make a contract with a local agency to provide technical assistance for compliance with Section 10013, if the contract provides for reimbursement of the commission’s estimated reasonable costs.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Acquisition and Operation [10001 - 10014] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 10014. The commission may enter into a contract with a local agency to provide any technical assistance needed to comply with Section 10013, if the contract includes provisions for the commission to be reimbursed for its estimated reasonable costs. (Added by Stats. 1985, Ch. 1430, Sec. 3.)
  80. 100150.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. )

    Verify source ↗

    This section defines “Construction Manager/General Contractor method” (CMGC) and “construction manager” for this article.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. ) ## 100150. For purposes of this article, the following terms shall have the following meanings: (a) “Construction Manager/General Contractor method” or “CMGC” means the Construction Manager/General Contractor method as defined in subdivision (b) of Section 6951 of the Public Contract Code. (b) “Construction manager” means a construction manager as defined in subdivision (c) of Section 6951 of the Public Contract Code. (Added by Stats. 2013, Ch. 320, Sec. 1. (AB 797) Effective January 1, 2014.)
  81. 100151.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. )

    Verify source ↗

    The authority may use CMGC project delivery for public transit projects, but only within the article’s limits and with a prior written finding for any contract.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. ) ## 100151. (a) Subject to the limitations of this article, the authority may utilize the CMGC project delivery method for public transit projects within its jurisdiction. (b) The authority may enter into a CMGC project delivery method contract pursuant to this article if, after evaluation of the traditional design-bid-build process of construction and of the CMGC project delivery method in a public meeting, the authority makes a written finding that use of the CMGC project delivery method on the specific project under consideration will accomplish one or more of the following objectives: reduce project costs, expedite the project’s completion, or provide features not achievable through the design-bid-build method. This finding shall be made prior to the authority entering into a CMGC project delivery method contract. In the CMGC project delivery method proposal, the written findings shall be included as part of an application for state funds for a transit project. (Added by Stats. 2013, Ch. 320, Sec. 1. (AB 797) Effective January 1, 2014.)
  82. 100152.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. )

    Verify source ↗

    Public works projects contracted under this article must follow the requirements of Labor Code Section 1771.4.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. ) ## 100152. Any public works project that is contracted for pursuant to this article shall be subject to the requirements of Section 1771.4 of the Labor Code. (Repealed and added by Stats. 2014, Ch. 28, Sec. 85. (SB 854) Effective June 20, 2014.)
  83. 100153.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. )

    Verify source ↗

    If VTA uses a CMGC contract with preconstruction services, it must sign a written preconstruction contract, pay an agreed fee, wait to seek or sign the construction contract until after the services contract, and include terms for later negotiation and VTA ownership of the design work. The construction manager must perform at least 30% of the work covered by the negotiated price, and any work not done directly by the manager must be bid to subcontractors.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. ) ## 100153. (a) If a contract for CMGC services is entered into pursuant to this article and includes preconstruction services by the construction manager, the VTA shall enter into a written contract with the construction manager for preconstruction services, under which the VTA shall pay the construction manager a fee for preconstruction services in an amount agreed upon by the VTA and the construction manager. The preconstruction services contract may include fees for services to be performed during the contract period. The VTA shall not request or obtain a fixed price or a guaranteed maximum price for the construction contract from the construction manager or enter into a construction contract with the construction manager until after the VTA has entered into a services contract. A preconstruction services contract shall provide for the subsequent negotiation for construction of all or any discrete phase or phases of the project and shall provide for the VTA to own the design plans and other preconstruction services work product. (b) A contract for construction services shall be awarded after the plans have been sufficiently developed and either a fixed price or a guaranteed maximum price has been successfully negotiated. In the event that a fixed price or a guaranteed maximum price is not negotiated, the VTA may award the contract for construction services utilizing any other procurement method authorized by law. (c) The construction manager shall perform not less than 30 percent of the work covered by the fixed price or guaranteed maximum price agreement reached. Work that is not performed directly by the construction manager shall be bid to subcontractors pursuant to Section 6955 of the Public Contract Code. (Amended by Stats. 2016, Ch. 381, Sec. 50. (AB 2196) Effective January 1, 2017.)
  84. 100154.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. )

    Verify source ↗

    This article does not change any rights or remedies otherwise available at law.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. ) ## 100154. Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law. (Added by Stats. 2013, Ch. 320, Sec. 1. (AB 797) Effective January 1, 2014.)
  85. 100155.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. )

    Verify source ↗

    After a CMGC project is completed, VTA must prepare a progress report for its board of directors and publish it on VTA’s website.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. ) ## 100155. (a) Upon completion of a project using the CMGC project delivery method, the VTA shall prepare a progress report to the board of directors. The progress report shall include, but shall not be limited to, all of the following information: (1) A description of the project. (2) The entity that was awarded the project. (3) The estimated and actual costs of the project. (4) The estimated and actual schedule for project completion. (5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the project, including, but not limited to, the resolution of the protests. (6) An assessment of the prequalification process and criteria utilized under this article. (7) A description of the method used to evaluate the bid or proposal, including the weighting of each factor and an assessment of the impact of this requirement on a project. (8) A description of any challenges or unexpected problems that arose during the construction of the project and a description of the solutions that were considered and ultimately implemented to address those challenges and problems. (9) Recommendations to improve the CMCG project delivery method authorized under this article. (b) The progress report shall be made available on the VTA’s Internet Web site. (Amended by Stats. 2016, Ch. 381, Sec. 51. (AB 2196) Effective January 1, 2017.)
  86. 100156.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. )

    Verify source ↗

    The article is severable, and contracts awarded under it remain valid until the project is completed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts [100150 - 100156] ( Article 4 added by Stats. 2013, Ch. 320, Sec. 1. ) ## 100156. (a) The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (b) Contracts awarded pursuant to this article shall be valid until the project is completed. (Added by Stats. 2013, Ch. 320, Sec. 1. (AB 797) Effective January 1, 2014.)
  87. 100157.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4.5. Job Order Contracting [100157 - 100157.9] ( Article 4.5 added by Stats. 2022, Ch. 803, Sec. 2. )

    Verify source ↗

    This section defines “job order contract,” “typical work,” and “unit price” for this article.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4.5. Job Order Contracting [100157 - 100157.9] ( Article 4.5 added by Stats. 2022, Ch. 803, Sec. 2. ) ## 100157. For purposes of this article, the following definitions apply: (a) “Job order contract” means an indefinite-quantity contract for repair, remodeling, or other repetitive work to be done according to unit prices. (b) “Typical work” means a work description applicable universally or applicable to a large number of individual projects, as distinguished from work specifically described with respect to an individual project. (c) “Unit price” means the amount paid for a single unit of an item of work. (Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, pursuant to Sec.100157.9.)
  88. 100157.5.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4.5. Job Order Contracting [100157 - 100157.9] ( Article 4.5 added by Stats. 2022, Ch. 803, Sec. 2. )

    Verify source ↗

    VTA may enter into job order contracts, but not for work covered by collective bargaining agreements or for new construction, and only under the stated labor-agreement and bidder rules.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4.5. Job Order Contracting [100157 - 100157.9] ( Article 4.5 added by Stats. 2022, Ch. 803, Sec. 2. ) ## 100157.5. (a) The VTA may enter into a job order contract. (b) The VTA shall not enter into a job order contract for work that is protected by collective bargaining agreements. (c) The VTA shall not enter into a job order contract for new construction. (d) The VTA may enter into a job order contract only if the job order contract, and the task orders within the contract, is subject to the project labor agreement between the VTA and the Santa Clara and San Benito Counties Building and Construction Trades Council, unless otherwise exempted by that project labor agreement. (e) The VTA shall only enter into a job order contract with the lowest responsible and responsive bidder, based on the bidder’s plans and specifications for typical work. (f) A single job order contract shall not exceed five million dollars ($5,000,000) in the first term of the job order contract and, if extended or renewed, ten million dollars ($10,000,000) over the maximum of two extended terms of the job order contract. (g) (1) The VTA may execute a job order contract for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two additional 12-month periods. An extension or renewal shall be priced as provided in the invitation for bids. An extension or renewal shall be mutually agreed to by the VTA and the contractor pursuant to the job order contract. (2) The job order contract shall specify that its term will not exceed the contract term or the date that the maximum value of the contract is achieved, whichever is earlier. (Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, pursuant to Sec.100157.9.)
  89. 100157.7.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4.5. Job Order Contracting [100157 - 100157.9] ( Article 4.5 added by Stats. 2022, Ch. 803, Sec. 2. )

    Verify source ↗

    If VTA uses the section’s authorization, it must submit a report on job order contracting to the Legislature by January 1, 2027.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4.5. Job Order Contracting [100157 - 100157.9] ( Article 4.5 added by Stats. 2022, Ch. 803, Sec. 2. ) ## 100157.7. (a) (1) If the VTA acts pursuant to the authorization in subdivision (a) of Section 100157.5, then the VTA, on or before January 1, 2027, shall submit to the appropriate policy and fiscal committees of the Legislature a report on the use of job order contracting under this article. (2) The report shall include, but not be limited to, all of the following information: (A) A description of the VTA’s system for evaluating job order contract bids for award of job order contracts, including, but not limited to, the criteria used by the VTA to determine a qualified and responsive job order contractor. (B) A description of each job order contract awarded and the contractor awarded the contract. (C) An assessment of the use of job order contracting under this article. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, pursuant to Sec.100157.9.)
  90. 100157.9.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4.5. Job Order Contracting [100157 - 100157.9] ( Article 4.5 added by Stats. 2022, Ch. 803, Sec. 2. )

    Verify source ↗

    This article expires and is repealed on January 1, 2028.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 4.5. Job Order Contracting [100157 - 100157.9] ( Article 4.5 added by Stats. 2022, Ch. 803, Sec. 2. ) ## 100157.9. This article shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 4.5 commencing with Sec. 100157.)
  91. 100160.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA may provide transit service for passengers and their incidental baggage by any means.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100160. The VTA may provide transit service for the transportation of passengers and their incidental baggage by any means. (Amended by Stats. 2016, Ch. 381, Sec. 52. (AB 2196) Effective January 1, 2017.)
  92. 100160.1.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA may provide transit-related facilities, but installations in state highways must be developed and implemented with Department of Transportation concurrence and oversight and must conform to DOT requirements and regulations.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100160.1. The VTA may provide facilities, including streets and highways, for the movement of vehicles, bicycles, and pedestrians. All installations in state highways shall be developed and implemented with the concurrence and under the oversight of the Department of Transportation. The installation shall conform to requirements and regulations established by the Department of Transportation. (Amended by Stats. 2016, Ch. 381, Sec. 53. (AB 2196) Effective January 1, 2017.)
  93. 100160.2.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA may make agreements with cities in its boundaries or with the County of Santa Clara to improve local streets, roads, highways, or expressways.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100160.2. The VTA may enter into agreements with any city within the boundaries of the VTA or with the County of Santa Clara to improve a street, road, highway, or expressway under the jurisdiction of the city or county. This section does not apply to highways under the jurisdiction of the state, unless specifically permitted elsewhere in statute. (Amended by Stats. 2016, Ch. 381, Sec. 54. (AB 2196) Effective January 1, 2017.)
  94. 100160.5.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA may operate charter bus service, but only under listed limits on equipment, hearings, notice, rate schedules, and service geography.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100160.5. The VTA may operate charter bus service subject to the following limitations: (a) No bus equipment that is designed solely for charter service shall be purchased. A bus equipped with a toilet or underfloor baggage compartment shall be deemed charter equipment. (b) The board shall hold a public hearing prior to adopting a charter rate schedule or any amendment thereof. Notice of the hearing shall be mailed to each charter-party carrier operating within the district at least 30 days prior to the hearing. The notice shall include the proposed charter rate schedule. At the close of the public hearing the board may adopt charter rate schedules that shall not be less than the average for the three largest private charter-party carriers operating similar service within the boundaries of the VTA. (c) Charter service shall originate and terminate within the area served by the VTA unless a private charter-party carrier requests the VTA to provide service beyond the area served by the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 55. (AB 2196) Effective January 1, 2017.)
  95. 100160.6.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    A district may provide charter bus service for the 2026 FIFA World Cup during June 1 to July 31, 2026, if the listed conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100160.6. (a) Notwithstanding Section 100160.5 or any other law, a district may provide charter bus service for the 2026 FIFA World Cup during the period from June 1, 2026, to July 31, 2026, inclusive, if all of the following conditions are met: (1) Bus equipment that is designed solely for charter service is not purchased. A bus equipped with a toilet or underfloor baggage compartment shall be deemed charter equipment. (2) Charter service originates and terminates within the area served by the district unless a private charter-party carrier requests the district to provide service beyond the area served by the district. (3) The district establishes a schedule of rates for charter bus services that are incidental to the holding of the 2026 FIFA World Cup in the area authorized to be served pursuant to paragraph (2) subject to the following requirements: (A) The rates for charter-party bus services established under this subdivision are sufficient to pay all marginal costs related to those charter bus services and contribute financially to the reduction of deficits incurred by the district in the operation of scheduled route services. (B) The rates are at least equal to the average of the lowest rates charged by the three largest private charter-party carriers operating similar service in the greater San Francisco Bay area. (C) The schedule of rates are effective from June 1, 2026, to July 31, 2026, inclusive. (4) The district provides charter bus service for the events to the extent that private charter-party carriers are not capable of providing that service. (b) This section does not override any collective bargaining agreement between the district and a labor organization that represents employees of the district and does not authorize the district to provide charter bus service via contracting with private entities. Any charter bus service provided pursuant to this section shall be operated by the district with employees of the district. (c) For purposes of this section, the following definitions apply: (1) “District” means the VTA and any other public transportation operator providing public transit services in any portion of the greater San Francisco Bay area. (2) “Greater San Francisco Bay area” means the region comprised of the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma. (3) “Not capable of providing that service” includes, but is not limited to, the inability to meet requirements, including, but not limited to, requirements with regard to unique equipment, fuel type, number of doors, frequency, public safety, accommodations for standing passengers, handicap accessibility, or the nature of the service. (d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2025, Ch. 109, Sec. 6. (SB 153) Effective September 17, 2025. Repealed as of January 1, 2027, by its own provisions.)
  96. 100161.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA may build and operate transit and related facilities, but freeway and highway installations must follow permit or approval rules, and VTA cannot use specified state transportation funds for day care or child care facilities.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100161. (a) The VTA may acquire, construct, own, operate, control, or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals, and any and all facilities necessary or convenient for transit service within or partly without the boundaries of the VTA, underground, upon, or above the ground and under, upon, or over public streets or other public ways or waterways, together with all physical structures, including parking lots and day care centers and related child care facilities, that are necessary or convenient for the access of persons or vehicles thereto. The VTA may acquire any interest in or rights to use or the joint use of any or all of those facilities. (b) The VTA may acquire, construct, and provide for repair and maintenance of any and all facilities necessary or convenient for vehicular and pedestrian transportation, within or partly without the boundaries of the VTA, underground, upon, or above the ground, together with all physical structures, including parking lots and soundwalls, that are necessary or convenient therefor. In this connection, the VTA may exercise any power with respect to highways granted to counties under Article 1 (commencing with Section 760) of Chapter 4 of Division 1 of the Streets and Highways Code in connection with any project included in the countywide transportation plan and an adopted regional transportation plan, but shall not usurp or impinge upon the powers and responsibilities granted to the county with regard to county highways. Highway and other transportation expenditures shall be consistent with adopted regional transportation plans and programs. (c) VTA installations in freeways shall be subject to the approval of the Department of Transportation. Installations in other state highways shall be subject to Article 2 (commencing with Section 670) of Chapter 3 of Division 1 of the Streets and Highways Code. Installations in county highways and city streets shall be subject to similar encroachment permits. (d) The VTA shall not use any state transportation funds, including, but not limited to, moneys in the State Highway Account, or the Transportation Planning and Development Account, in the State Transportation Fund, and passenger rail and clean air bond act money to acquire, construct, or operate day care centers and related child care facilities. (Amended by Stats. 2016, Ch. 381, Sec. 56. (AB 2196) Effective January 1, 2017.)
  97. 100162.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA may lease or contract for use of its transit facilities and may allow subleases by an operator under terms it considers in the public interest.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100162. The VTA may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by an operator upon terms and conditions as it deems in the public interest. The word “operator” as used in this section means any public agency or any person. (Amended by Stats. 2016, Ch. 381, Sec. 57. (AB 2196) Effective January 1, 2017.)
  98. 100163.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The board may contract with a public agency or any person to provide transit or transportation facilities and services for VTA.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100163. The board may contract with any public agency or person to provide transit or transportation facilities and services for the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 58. (AB 2196) Effective January 1, 2017.)
  99. 100164.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The VTA may build and operate transit works and facilities, and may fund repair and maintenance of state highways only with Department of Transportation approval. It must not directly or indirectly repair or maintain a state highway except through that funding route.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100164. (a) The VTA may construct and operate or acquire and operate transit works and facilities and may construct, acquire, and provide for repair and maintenance of transportation facilities, in, under, upon, over, across, or along any state or public highway or any stream, bay, or watercourse, or over any of the lands that are the property of the state, to the same extent that the rights and privileges appertaining thereto are granted to municipalities within the state. (b) (1) Notwithstanding subdivision (a), and subject to the approval of the Department of Transportation, the VTA may provide funding for the repair and maintenance of state highways within the boundaries of the VTA. (2) The VTA shall not directly, or indirectly, except by providing funding pursuant to paragraph (1), repair or maintain any state highway. (Amended by Stats. 2016, Ch. 381, Sec. 59. (AB 2196) Effective January 1, 2017.)
  100. 100165.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The VTA may make agreements with public agencies or public utilities for joint use of property and related transit arrangements.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100165. The VTA may enter into agreements for the joint use of any property and rights by the VTA and any public agency or public utility operating transit facilities; may enter into agreements with any public agency or public utility operating any transit facilities, and wholly or partially within or without the boundaries of the VTA, for the joint use of any property of the VTA or of the public agency or public utility, or the establishment of through routes, joint fares, transfer of passengers, or pooling arrangements. (Amended by Stats. 2016, Ch. 381, Sec. 60. (AB 2196) Effective January 1, 2017.)
  101. 100166.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The board must set any transit service rates and charges under this part, and they must be reasonable.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100166. The rates and charges, if any, for transit service furnished pursuant to this part shall be fixed by the board and shall be reasonable. (Added by Stats. 1969, Ch. 180.)
  102. 100167.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA must comply with the Vehicle Code bus-operation rules and the California Highway Patrol’s enforceable regulations for safe bus operation.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100167. The VTA shall be subject to the provisions of Division 14.8 (commencing with Section 34500) of the Vehicle Code with respect to operation of buses and to the rules and regulations enforceable by the State of California Highway Patrol pursuant to that chapter regulating the safe operation of buses. (Amended by Stats. 2016, Ch. 381, Sec. 61. (AB 2196) Effective January 1, 2017.)
  103. 100168.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA must follow Public Utilities Commission safety regulations, and the commission must inspect work and enforce this section.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100168. The VTA shall be subject to the regulations of the Public Utilities Commission relating to safety appliances and procedures, and the commission shall inspect all work done pursuant to this part and may make further additions or changes necessary for the purpose of safety to employees and the general public. The commission shall enforce the provisions of this section. (Amended by Stats. 2016, Ch. 381, Sec. 62. (AB 2196) Effective January 1, 2017.)
  104. 100169.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The VTA and nearby school districts may make agreements allowing school transportation equipment to be used for transit when it is not needed for school purposes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 5. Transit Facilities and Service [100160 - 100169] ( Article 5 added by Stats. 1969, Ch. 180. ) ## 100169. The VTA and any one or more school districts located within its boundaries may enter into agreements pursuant to which school transportation equipment may be used for transit purposes within the VTA’s boundaries during any time that the equipment is not actually required for school purposes. (Amended by Stats. 2016, Ch. 381, Sec. 63. (AB 2196) Effective January 1, 2017.)
  105. 100170.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 6. Public Grants, Loans and Contributions [100170 - 100171] ( Article 6 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA may accept public grants, loans, or contributions and may contract or cooperate with public agencies or the United States for transit and transportation facilities.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 6. Public Grants, Loans and Contributions [100170 - 100171] ( Article 6 added by Stats. 1969, Ch. 180. ) ## 100170. The VTA may accept, without limitation by any other provisions of this part requiring approval of indebtedness, contributions, grants, or loans from any public agency or the United States or any department, instrumentality, or agency thereof, for the purpose of financing the acquisition, construction, maintenance, or operation of transit facilities, or the acquisition and construction of transportation facilities. The VTA may enter into contracts and cooperate with, and accept cooperation from, any public agency or the United States, or agency thereof, in the acquisition, construction, maintenance, or operation, and in financing the acquisition, construction, maintenance, or operation of any transit facilities or in the acquisition and construction of any transportation facilities in accordance with any legislation that Congress or the Legislature of the State of California may have heretofore adopted or may hereafter adopt, under which aid, assistance, and cooperation may be furnished by the United States or any public agency in the acquisition, construction, maintenance, and operation of any transit or transportation facilities. The VTA may do any and all things necessary in order to avail itself of aid, assistance, and cooperation under any federal or state legislation now or hereafter enacted. Any evidence of indebtedness issued under this section shall constitute a negotiable instrument. (Amended by Stats. 2016, Ch. 381, Sec. 64. (AB 2196) Effective January 1, 2017.)
  106. 100171.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 6. Public Grants, Loans and Contributions [100170 - 100171] ( Article 6 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA may obtain temporary transfers of funds if it does so in accordance with the last paragraph of Section 6 of Article XVI of the California Constitution.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 6. Public Grants, Loans and Contributions [100170 - 100171] ( Article 6 added by Stats. 1969, Ch. 180. ) ## 100171. The VTA may obtain temporary transfers of funds in accordance with the last paragraph of Section 6 of Article XVI of the California Constitution. (Amended by Stats. 2016, Ch. 381, Sec. 65. (AB 2196) Effective January 1, 2017.)
  107. 1002.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    When the commission grants certain certificates, it must consider listed factors, and it may not grant a certificate for certain thermal powerplants or electrical transmission lines until the other required certificate is obtained first.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1002. (a) The commission, as a basis for granting any certificate pursuant to Section 1001 shall give consideration to the following factors: (1) Community values. (2) Recreational and park areas. (3) Historical and aesthetic values. (4) Influence on environment, except that in the case of any line, plant, or system or extension thereof located in another state which will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (Chapter 55 (commencing with Section 4321) of Title 42 of the United States Code) or similar state laws in the other state, the commission shall not consider influence on the environment unless any emissions or discharges therefrom would have a significant influence on the environment of this state. (b) With respect to any thermal powerplant or electrical transmission line for which a certificate is required pursuant to the provisions of Division 15 (commencing with Section 25000) of the Public Resources Code, no certificate of public convenience and necessity shall be granted pursuant to Section 1001 without such other certificate having been obtained first, and the decision granting such other certificate shall be conclusive as to all matters determined thereby and shall take the place of the requirement for consideration by the commission of the four factors specified in subdivision (a) of this section. (Added by Stats. 1981, Ch. 573, Sec. 3.)
  108. 1002.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may adopt successor guidelines for reviewing certain electrical transmission facility applications, and those guidelines are exempt from Chapter 3.5 requirements.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1002.4. (a) The commission may, by resolution, adopt successor guidelines to the commission’s Guidelines for Energy Project Applications Requiring CEQA Compliance: Pre-filing and Proponent’s Environmental Assessments (November 2019) at a publicly noticed meeting to address its receipt and review of and actions on applications for the construction of electrical transmission facilities subject to its regulatory jurisdiction. These guidelines shall be designed to mitigate ratepayer costs, lessen the uncertainty of the submittal process, and improve the commission’s review process by increasing applicant understanding of applicable requirements with the intent of advancing the timely resolution of the construction of the facilities and efficient disposition of the applications. (b) To the extent there is a conflict or inconsistency between the content in the guidelines adopted or revised pursuant to this section and a commission rule of practice or procedure addressing the completeness of applications for electrical transmission facilities, the guidelines shall prevail. (c) The guidelines adopted pursuant to this section shall supersede the commission’s Guidelines for Energy Project Applications Requiring CEQA Compliance: Pre-filing and Proponent’s Environmental Assessments (November 2019), unless the guidelines adopted pursuant to this section specify otherwise. (d) Notwithstanding any other law, guidelines adopted pursuant to this section are exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (e) For purposes of this section, “electrical transmission facilities” means electrical generation facilities, transmission, power, and distribution line facilities, and substations, as described in commission General Order No. 131-D, as it may be amended from time to time. (Added by Stats. 2024, Ch. 299, Sec. 2. (AB 551) Effective January 1, 2025.)
  109. 1002.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission must consider California’s need for sufficient, competitively priced natural gas supplies and, when it finds that doing so is in the state’s best interests, expeditiously issue certificates for additional natural gas pipeline capacity projects.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1002.5. In issuing a certificate of convenience and necessity for additional natural gas pipeline capacity proposed for construction within this state, the commission shall consider the state’s need to provide sufficient and competitively priced natural gas supplies for both present and anticipated future residential, industrial, commercial, and utility demand. When it finds that it is in the state’s best interests to do so, the commission shall expeditiously issue certificates of convenience and necessity for those additional natural gas pipeline capacity projects. (Added by Stats. 1990, Ch. 896, Sec. 1.)
  110. 100250.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The board of directors may adopt a retail transactions and use tax ordinance if voters authorize it at a special election and the adoption follows the referenced Revenue and Taxation Code provisions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. ) ## 100250. A retail transactions and use tax ordinance may be adopted by the board of directors in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, if the electors voting on the measure vote in accordance with Article XIII C of the California Constitution to authorize its enactment at a special election called for that purpose by the board of directors. (Amended by Stats. 2016, Ch. 381, Sec. 66. (AB 2196) Effective January 1, 2017.)
  111. 100251.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    A transactions and use tax ordinance, once adopted, must operate according to Section 7265 of the Revenue and Taxation Code.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. ) ## 100251. Any transactions and use tax ordinance adopted shall be operative in accordance with Section 7265 of the Revenue and Taxation Code. (Amended by Stats. 2007, Ch. 430, Sec. 2. Effective January 1, 2008.)
  112. 100252.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    VTA may contract with the State Board of Equalization to help prepare to administer a transaction and use tax ordinance.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. ) ## 100252. The VTA may contract with the State Board of Equalization for its service in the preparations necessary to administer a transaction and use tax ordinance. The costs to be covered by the contract are to be for services of the types described in Section 7272 of the Revenue and Taxation Code for preparatory work up to the date of the adoption of the ordinance. Any disputes as to the amount of the costs shall be resolved in the same manner as provided in that section. (Amended by Stats. 2016, Ch. 381, Sec. 67. (AB 2196) Effective January 1, 2017.)
  113. 100253.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    VTA must contract with the State Board of Equalization before the transaction and use tax ordinance becomes operative.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. ) ## 100253. Prior to the operative date of the transaction and use tax ordinance, the VTA shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance. (Amended by Stats. 2016, Ch. 381, Sec. 68. (AB 2196) Effective January 1, 2017.)
  114. 100254.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    If VTA has not yet contracted with the State Board of Equalization before the tax ordinance’s operative date, it must still do so.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. ) ## 100254. If the VTA shall not have contracted with the State Board of Equalization prior to the operative date of its transaction and use tax ordinance, it shall nevertheless so contract, and, in that case, the operative date shall be the first day of the first calendar quarter following the execution of the contract. (Amended by Stats. 2016, Ch. 381, Sec. 69. (AB 2196) Effective January 1, 2017.)
  115. 100255.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    A repeal of the transactions and use tax ordinance cannot take effect until the first day of the first calendar quarter after the repeal ordinance is adopted.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. ) ## 100255. Repeal of the transactions and use tax ordinance shall not be operative earlier than the first day of the first calendar quarter following the adoption of the ordinance of repeal. (Added by Stats. 1974, Ch. 1204.)
  116. 100256.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    When a bond election is held, the calling ordinance may state that transaction and use taxes will be levied or continued and used to pay the bonds and related reserve or sinking fund needs. The tax ordinance cannot be repealed until the bonds are fully paid or payment has been fully provided for.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 5. Powers and Functions of VTA [100110 - 100256] ( Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32. ) ## ARTICLE 9. Retail Transaction and Use Tax [100250 - 100256] ( Article 9 added by Stats. 1974, Ch. 1204. ) ## 100256. Whenever a bond election is held to authorize a bonded indebtedness pursuant to Section 100400, the ordinance calling the election may include a statement that the transaction and use taxes, or a stated portion thereof, shall be levied, or continued to be levied, and used to the extent required to pay the principal of, and interest on, the bonds as they become due, to provide any sinking fund payments required therefor, and to create or maintain any reserve fund required therefor. A vote in favor of the issuance of the bonds shall authorize the use of such taxes for such purposes. The transactions and use tax ordinance shall not be repealed until all bonds payable from the revenues derived from such taxes have been fully paid or provision has been made for their payment in full. (Added by Stats. 1974, Ch. 1204.)
  117. 1003.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Electrical and gas corporations applying for a certificate for certain new utility construction must include specified project information in the application.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1003. Every electrical and every gas corporation submitting an application to the commission for a certificate authorizing the new construction of any electric plant, line, or extension, or gas plant, line, or extension, not subject to the provisions of Chapter 6 (commencing with Section 25500) of Division 15 of the Public Resources Code, shall include all of the following information in the application in addition to any other required information: (a) Preliminary engineering and design information on the project. The design information provided for thermal electric plants shall include preliminary data regarding the operating characteristics of the proposed plant, including, but not limited to, the annual capacity factor, availability factor, and the heat rate for each year of the useful life of the plant, line, or extension. (b) A project implementation plan showing how the project would be contracted for and constructed. This plan shall show how all major tasks would be integrated and shall include a timetable identifying the design, construction, completion, and operation dates for each major component of the plant, line, or extension. (c) An appropriate cost estimate, including preliminary estimates of the costs of financing, construction, and operation, including fuel, maintenance, and dismantling or inactivation after the useful life of the plant, line, or extension. (d) A cost analysis comparing the project with any feasible alternative sources of power. The corporation shall demonstrate the financial impact of the plant, line, or extension construction on the corporation’s ratepayers, stockholders, and on the cost of the corporation’s borrowed capital. The cost analyses shall be performed for the projected useful life of the plant, line, or extension, including dismantling or inactivation after the useful life of the plant, line, or extension. (e) A design and construction management and cost control plan which indicates the contractual and working responsibilities and interrelationships between the corporation’s management and other major parties involved in the project. This plan shall also include a construction progress information system and specific cost controls. (Added by Stats. 1982, Ch. 1253, Sec. 2.)
  118. 1003.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Electrical and gas corporations applying for certain construction certificates must include specified Section 1003 information in the application.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1003.5. Every electrical and gas corporation submitting an application to the commission for a certificate authorizing the new construction of an electric plant, line, or extension, or gas plant, line, or extension, which is subject to the provisions of Chapter 6 (commencing with Section 25500) of Division 15 of the Public Resources Code, shall include in the application the information specified in subdivisions (b), (c), and (e) of Section 1003, in addition to any other required information. The corporation may also include in the application any other information specified in Section 1003. (Added by Stats. 1982, Ch. 1253, Sec. 3.)
  119. 100300.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    Employees have the right to organize, join or support labor organizations, bargain collectively, and take concerted action for mutual aid or protection.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100300. Employees shall have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. (Added by Stats. 1969, Ch. 180.)
  120. 100301.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    Representation questions go to the Public Employment Relations Board, and the state mediation service must run the hearing, election, and certification process.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100301. Any question which may arise with respect to whether a majority of employees in an appropriate unit desire to be represented by a labor organization shall be submitted to the Public Employment Relations Board. In resolving those questions of representation including the determination of the appropriate unit or units, petitions, the conduct of hearings and elections, the board shall apply the relevant federal law and administrative practice developed under the Labor Management Relations Act of 1947, as amended, and for this purpose shall adopt appropriate rules and regulations. The California State Mediation and Conciliation Service shall administer the rules and regulations and shall provide for a prompt public hearing and secret ballot election to determine the question of representation and shall certify the results to the parties. Any certification of a labor organization to represent or act for the employees in any collective bargaining unit shall not be subject to challenge on the grounds that a new substantial question of representation within the collective bargaining unit exists until the lapse of one year from the date of certification or the expiration of any collective bargaining agreement, whichever is later, except that no collective bargaining agreement shall be considered to be a bar to representation proceedings for a period of more than two years. (Amended by Stats. 2012, Ch. 46, Sec. 131. (SB 1038) Effective June 27, 2012.)
  121. 100302.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    When the stated employee-representation conditions are met, the board and the employees’ accredited representative must bargain in good faith and try reasonably to reach a written agreement on wages, hours, and working conditions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100302. Whenever a majority of the employees employed by the VTA in a unit appropriate for collective bargaining indicate a desire to be represented by a labor organization and upon determining, as provided in Section 100301, that said labor organization represents at least a majority of the employees in the appropriate unit, the board and the accredited representative of employees shall bargain in good faith and make all reasonable efforts to reach agreement on the terms of a written contract governing wages, hours, and working conditions. (Amended by Stats. 2016, Ch. 381, Sec. 70. (AB 2196) Effective January 1, 2017.)
  122. 100303.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA must not discriminate in employment on protected bases listed in the referenced Government Code provisions, except as otherwise provided there.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100303. (a) A contract or agreement shall not be made with any labor organization, association, group, or individual that denies membership on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. However, the organization may preclude from membership any individual who advocates the overthrow of the government by force or violence. (b) The VTA shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. (Amended by Stats. 2016, Ch. 381, Sec. 71. (AB 2196) Effective January 1, 2017.)
  123. 100304.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    After a reasonable period without agreement, either side may ask the State Conciliation Service for mediation.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100304. If, after a reasonable period of time, representatives of the VTA and the accredited representatives of the employees fail to reach agreement on the terms of a written contract governing wages, hours, pensions, and working conditions or the interpretation or application of the terms of an existing contract, either party may request mediation services of the State Conciliation Service. (Amended by Stats. 2016, Ch. 381, Sec. 72. (AB 2196) Effective January 1, 2017.)
  124. 100305.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    If the VTA and employee representatives cannot settle a wage, hours, pension, working-conditions, or contract-interpretation dispute after a reasonable time, they may jointly submit it to arbitration, and the majority decision is final and binding.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100305. If, after a reasonable period of time, representatives of the VTA and the accredited representatives of the employees fail to reach agreement either on the terms of a written contract governing wages, hours, pensions, and working conditions or the interpretation or application of the terms of an existing contract, upon the agreement of both the VTA and the representatives of the employees, the dispute may be submitted to an arbitration board and the decision of the majority of the arbitration board shall be final and binding. The arbitration board shall be composed of two representatives of the district and two representatives of the labor organization, and they shall endeavor to agree upon the selection of a fifth member. If they are unable to agree, the names of five persons experienced in labor arbitration shall be obtained from the State Conciliation Service. The labor organization and the VTA shall, alternately, strike a name from the list so supplied, and the name remaining after the labor organization and the VTA have stricken four names, shall be designated as the fifth arbitrator and chairman of the board of arbitration. The labor organization and the VTA shall determine by lot who shall first strike a name from the list. The decision of a majority of the arbitration board shall be final and binding upon the parties thereto. Each party shall be responsible for the expense of the presentation of its case. All other expenses of arbitration shall be borne equally by the parties and said expenses may include the making of a verbatim record of the proceedings and transcript of that record. (Amended by Stats. 2016, Ch. 381, Sec. 73. (AB 2196) Effective January 1, 2017.)
  125. 100307.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    Chapter 10 of the Government Code does not apply to the VTA.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100307. (a) Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code is not applicable to the VTA. (b) The amendments to this section made at the 1995–96 Regular Session are not intended to modify, and shall not have the effect of modifying, an existing bargaining unit determination made by the Department of Industrial Relations pursuant to Section 100301. (Amended by Stats. 2016, Ch. 381, Sec. 75. (AB 2196) Effective January 1, 2017.)
  126. 100308.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    Certain county and congestion management agency employees who move to the VTA must transfer their accrued leave and service time, and the VTA must take on the related liability.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100308. County employees and employees of the Santa Clara County Congestion Management Agency who, on a date or dates determined by the board of directors, terminate their employment and immediately thereafter become employees of the VTA, shall transfer to the VTA, and the VTA shall assume liability for, all of their accrued and unused vacation, sick leave, personal leave, compensating time off, STO balances, and days of accrued service in accordance with the records of their former employer in lieu of any payment by the former employer for those balances. Those employees who were covered by a county or congestion management agency pension plan shall be entitled to the same or equivalent rights, options, privileges, benefits, obligations, accrued service, and status under the pension plan of the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 76. (AB 2196) Effective January 1, 2017.)
  127. 100309.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    This section says the VTA’s employees have rights to organize and choose representation, and it gives the Public Employment Relations Board authority to enforce the article and make related regulations.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100309. (a) It is a primary purpose of this article to promote the improvement of personnel management and employer-employee relations within the VTA by providing a uniform basis for recognizing the right of employees to join employee organizations of their own choice, to be represented, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford employees a voice at work. (b) The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of the Public Employment Relations Board as described in Section 3541.3 of the Government Code, shall have jurisdiction pursuant to subdivision (b) of Section 100310 to enforce this article and the regulations of the Public Employment Relations Board shall apply to this article. The Public Employment Relations Board shall perform its duties under this section consistent with its regulations and may make additional regulations. The Public Employment Relations Board may also adopt, amend, or repeal all rules and regulations necessary to carry out this article as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption, amendment, or repeal of regulations pursuant to this subdivision is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (Added by Stats. 2022, Ch. 789, Sec. 1. (AB 2524) Effective January 1, 2023.)
  128. 100310.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    An exclusive representative for VTA employees may move represented bargaining units to PERB jurisdiction, but must notify PERB and serve specified VTA recipients. If that election is made, PERB has exclusive initial jurisdiction over the unfair practice charge, with limits on certain strike-related damages.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100310. (a) This article shall not displace or supplant the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code, and the impasse resolution and injunctive relief procedures provided for pursuant to Sections 3612 to 3614, inclusive, of the Government Code shall remain exclusive. (b) (1) An exclusive representative for employees of the VTA may select to move one or more of its represented bargaining units to the jurisdiction of the Public Employment Relations Board for unfair practice charges. A selection for Public Employment Relations Board jurisdiction pursuant to this paragraph with regard to a bargaining unit shall be irrevocable for that unit. The exclusive representative shall file notification of such a selection with the general counsel of the Public Employment Relations Board, or a designee, and serve one or more of the following: (A) The general manager, chief executive officer, or the equivalent, of the VTA. (B) The general legal counsel, or the equivalent, of the VTA. (C) The VTA, pursuant to applicable regulations. (2) If a selection is made pursuant to paragraph (1) for Public Employment Relations Board jurisdiction over unfair practice charges, the initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this article, is a matter within the exclusive jurisdiction of the Public Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall not award strike-preparation expenses as damages and shall not award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. (Added by Stats. 2022, Ch. 789, Sec. 2. (AB 2524) Effective January 1, 2023.)
  129. 100311.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The VTA must give reasonable written notice to an exclusive representative before changing matters within the scope of employee representation.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100311. The VTA shall give reasonable written notice to an exclusive representative of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the VTA regarding the proposed changes. (Added by Stats. 2022, Ch. 789, Sec. 3. (AB 2524) Effective January 1, 2023.)
  130. 100312.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    This section lets certain aggrieved parties ask for extraordinary relief from a Public Employment Relations Board final decision or order, and sets filing and enforcement steps and deadlines.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 1. Employee Relations [100300 - 100312] ( Article 1 added by Stats. 1969, Ch. 180. ) ## 100312. (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the Public Employment Relations Board in an unfair practice case, except a decision of that board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from that decision or order. (b) A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over any county in which the VTA operates. The petition shall be filed within 30 days from the date of the issuance of the Public Employment Relations Board’s final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the Public Employment Relations Board and thereafter shall have jurisdiction of the proceeding. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by that board, within 10 days after the clerk’s notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part, the decision or order of the Public Employment Relations Board. The findings of the Public Employment Relations Board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this section. (c) If the time to petition for extraordinary relief from a Public Employment Relations Board decision or order has expired, the Public Employment Relations Board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The Public Employment Relations Board shall respond within 10 days to any inquiry from a party to the action as to why the Public Employment Relations Board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the Public Employment Relations Board’s final decision or order, the Public Employment Relations Board shall seek enforcement of the final decision or order upon the request of the party. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by that board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after the hearing, the court determines that the order was issued pursuant to the procedures established by the Public Employment Relations Board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order. (Added by Stats. 2025, Ch. 454, Sec. 1. (AB 1510) Effective January 1, 2026.)
  131. 100350.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [100350 - 100351] ( Article 2 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    When VTA acquires existing utility facilities, it must place qualifying employees into comparable VTA jobs without examination and preserve certain benefits and labor contracts.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [100350 - 100351] ( Article 2 added by Stats. 1969, Ch. 180. ) ## 100350. (a) Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings by eminent domain or otherwise, to the extent necessary for operation of facilities, all of the employees of the public utility whose duties pertain to the facilities acquired who have been employed by said utility for at least 75 days shall be appointed to comparable positions in the VTA without examination and these employees shall be given sick leave, seniority, and vacation credits in accordance with the records of the acquired public utility. No employee of any acquired public utility shall suffer any worsening of wages, seniority, pension, vacation, or other benefits by reason of the acquisition. (b) Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, the VTA shall assume and observe all existing labor contracts. (c) The provisions of this section apply only to those officers or supervisory employees of the acquired utility as shall be designated by the board. (Amended by Stats. 2016, Ch. 381, Sec. 78. (AB 2196) Effective January 1, 2017.)
  132. 100351.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [100350 - 100351] ( Article 2 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    When VTA acquires certain utility facilities that have an active pension plan, the plan’s members and beneficiaries keep their rights and benefits, and the pension obligations must be reflected in the purchase price and acquisition agreement or order.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [100350 - 100351] ( Article 2 added by Stats. 1969, Ch. 180. ) ## 100351. Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, that has a pension plan in operation, members and beneficiaries of the pension plan shall continue to have the rights, privileges, benefits, obligations, and status with respect to the established system. The outstanding obligations and liabilities of the public utility by reason of the pension plan shall be considered and taken into account and allowance made therefor in the purchase price of the public utility. The persons entitled to pension benefits as provided for in this section and the benefits that are provided shall be specified in the agreement or order by which any public utility is acquired by the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 79. (AB 2196) Effective January 1, 2017.)
  133. 100370.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 3. Pension Plan [100370 - 100372] ( Article 3 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The board may create a retirement system for VTA officers and employees and provide related benefits.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 3. Pension Plan [100370 - 100372] ( Article 3 added by Stats. 1969, Ch. 180. ) ## 100370. The board may establish a retirement system for the officers and employees of the VTA and provide for the payment of annuities, pensions, retirement allowances, disability payments, and death benefits or any of them. The adoption, terms, and conditions of any retirement system covering employees of the VTA in a bargaining unit represented by a labor organization shall be pursuant to a collective bargaining agreement between the labor organization and the VTA. For purposes of this section, “officers” does not include members of the board of directors. (Amended by Stats. 2016, Ch. 381, Sec. 80. (AB 2196) Effective January 1, 2017.)
  134. 100371.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 3. Pension Plan [100370 - 100372] ( Article 3 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    The board may contract with the Public Employees’ Retirement System and enroll all or part of its employees, but not if the contract includes VTA employees in a represented bargaining unit unless a collective bargaining agreement authorizes it.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 3. Pension Plan [100370 - 100372] ( Article 3 added by Stats. 1969, Ch. 180. ) ## 100371. The board may contract with the board of administration of the Public Employees’ Retirement System and enter all or any portion of its employees under that system if no employees of the VTA in a bargaining unit that is represented by a labor organization are included in the contract except as authorized by a collective bargaining agreement. (Amended by Stats. 2016, Ch. 381, Sec. 81. (AB 2196) Effective January 1, 2017.)
  135. 100372.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 3. Pension Plan [100370 - 100372] ( Article 3 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    Certain people tied to an acquired public utility’s pension benefits may join or receive pensions under a VTA pension plan if the persons and the VTA agree.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 3. Pension Plan [100370 - 100372] ( Article 3 added by Stats. 1969, Ch. 180. ) ## 100372. All persons receiving pension benefits from an acquired public utility and all persons entitled to pension benefits under any pension plan of the acquired public utility may become members or receive pensions under a pension plan established by the VTA by mutual agreement of the persons and the VTA. The agreement may provide for the waiver of all rights, privileges, benefits, and status with respect to the pension plan of the acquired public utility. (Amended by Stats. 2016, Ch. 381, Sec. 82. (AB 2196) Effective January 1, 2017.)
  136. 100380.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 4. Other Benefits [100380 - 100381] ( Article 4 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA must take necessary steps to obtain coverage for itself and its employees under federal social security-related provisions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 4. Other Benefits [100380 - 100381] ( Article 4 added by Stats. 1969, Ch. 180. ) ## 100380. The VTA shall take the steps as may be necessary to obtain coverage for the VTA and its employees under Title 2 of the Federal Social Security Act, as amended, and the related provisions of the Federal Contributions Act, as amended. (Amended by Stats. 2016, Ch. 381, Sec. 83. (AB 2196) Effective January 1, 2017.)
  137. 100381.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 4. Other Benefits [100380 - 100381] ( Article 4 added by Stats. 1969, Ch. 180. )

    Verify source ↗

    VTA must take necessary steps to obtain coverage for itself and its employees under specified California workers’ compensation, disability, and unemployment insurance laws.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 6. Personnel [100300 - 100381] ( Chapter 6 added by Stats. 1969, Ch. 180. ) ## ARTICLE 4. Other Benefits [100380 - 100381] ( Article 4 added by Stats. 1969, Ch. 180. ) ## 100381. The VTA shall take the steps as may be necessary to obtain coverage for the VTA and its employees under the workers’ compensation, unemployment compensation disability, and unemployment insurance laws of the State of California. (Amended by Stats. 2016, Ch. 381, Sec. 84. (AB 2196) Effective January 1, 2017.)
  138. 1004.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    An applicant for a certificate must file required documents with the commission before the certificate can issue.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1004. Before any certificate may issue, under this article, a certified copy of its articles of incorporation or charter, if the applicant is a corporation, shall be filed in the office of the commission. Every applicant for a certificate shall file in the office of the commission such evidence as is required by the commission to show that the applicant has received the required consent, franchise, or permit of the proper county, city and county, city, or other public authority. (Enacted by Stats. 1951, Ch. 764.)
  139. 100400.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The board must adopt an ordinance and call an election before issuing VTA bonds, subject to a debt limit and other stated requirements.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100400. Whenever the board deems it necessary for the VTA to incur a bonded indebtedness for the acquisition, construction, or repair of any or all improvements, works, property, or facilities, authorized by this part or necessary or convenient for the carrying out of the powers of the VTA, or for any other purpose authorized by this part, the board shall, by ordinance, adopted by a vote of two-thirds of all members of the board, so declare and call an election to be held within the boundaries of the VTA for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of bonds of the VTA, if the total amount of bonds issued and outstanding pursuant to this article do not exceed 15 percent of the assessed value of the taxable property of the VTA as shown by the last equalized assessment roll of the County of Santa Clara. The ordinance shall state: (a) The purposes for which the proposed debt is to be incurred, which may include all costs and estimated costs incidental to or connected with the accomplishment of those purposes, including, without limitation, engineering, inspection, legal, fiscal agents, financial consultant, and other fees; bond and other reserve funds; working capital; bond interest estimated to accrue during the construction period and for a period not to exceed three years thereafter; and expenses of all proceedings for the authorization, issuance, and sale of the bonds. (b) The estimated cost of accomplishing those purposes. (c) The amount of the principal of the indebtedness. (d) The maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 50 years from the date thereof or the date of each series thereof. (e) The maximum rate of interest to be paid, which shall not exceed 7 percent per annum. (f) The proposition to be submitted to the voters, which may include one or more purposes. (g) The date of the election. (h) The manner of holding the election and the procedure for voting for or against the measure. (i) The ordinance may also contain a statement that the retail transaction and use tax mentioned in Article 9 (commencing with Section 100250) of Chapter 5, or a stated portion thereof, shall be levied, or continued to be levied, and used to the extent required to pay principal of and interest on the bonds as they become due, to provide for any sinking fund payments required therefor, or to create or maintain any reserve fund required therefor. (j) The ordinance may also contain any other matters authorized by this part or any other law. (Amended by Stats. 2016, Ch. 381, Sec. 85. (AB 2196) Effective January 1, 2017.)
  140. 100401.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The ordinance calling the election must be published in at least one newspaper within the VTA boundaries, and no other election notice is required.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100401. Notice of holding of the election shall be given by publishing, pursuant to Section 6066 of the Government Code, the ordinance calling the election in at least one newspaper published within the boundaries of the VTA. No other notice of the election need be given. Except as otherwise provided in the ordinance, the election shall be conducted as other district elections. (Amended by Stats. 2016, Ch. 381, Sec. 86. (AB 2196) Effective January 1, 2017.)
  141. 100402.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    If a proposition is defeated, the board cannot call another substantially similar election within six months, unless a petition signed by 15% of district electors is filed, in which case it may call an election sooner.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100402. If any proposition is defeated by the electors, the board shall not call another election on a substantially similar proposition to be held within six months after the prior election. If a petition requesting submission of such a proposition, signed by 15 percent of the district electors, as shown by the votes cast for all candidates for governor within the district at the last gubernatorial election, is filed with the board, it may call an election before the expiration of six months. (Added by Stats. 1974, Ch. 1204.)
  142. 100403.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    If voters approve the proposition by majority, the board may issue VTA bonds and must set the bond form and related terms by resolution.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100403. If a majority of the electors voting on the proposition vote for it, then the board may, by resolution, at a time or times as it deems proper, issue bonds of the VTA for the whole or any part of the amount of the indebtedness so authorized and may from time to time, by resolution, provide for the issuance of amounts as the necessity thereof may appear, until the full amount of the bonds authorized shall have been issued. The full amount of bonds may be divided into two or more series and different dates and different dates of payment fixed for the bonds of each series. A bond need not mature on an anniversary of its date. The maximum term the bonds of any series shall run before maturity shall not exceed 50 years from the date of each series respectively. In the resolution or resolutions, the board shall prescribe the form of the bonds, including, without limitation, registered bonds and coupon bonds, and the form of any coupons to be attached thereto, the registration, conversion, and exchange privileges, if any, pertaining thereto, and fix the time when the whole or any part of the principal shall become due and payable. (Amended by Stats. 2016, Ch. 381, Sec. 87. (AB 2196) Effective January 1, 2017.)
  143. 100404.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The bonds must bear interest at no more than 7% per year, normally payable twice a year, and the first interest period may be up to one year if the board तयres it.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100404. The bonds shall bear interest at a rate or rates not exceeding 7 percent per annum, payable semiannually, except that the first interest payable on the bonds or any series thereof may be for any period not exceeding one year as determined by the board. In the resolution or resolutions providing for the issuance of the bonds, the board may also provide for call and redemption of the bonds prior to maturity at times and prices and upon other terms as it may specify, but no bond shall be subject to call or redemption prior to maturity unless it contains a recital to that effect or unless a statement to that effect is printed thereon. The denomination or denominations of the bonds shall be stated in the resolution providing for their issuance, but shall not be less than one thousand dollars ($1,000). The principal of and interest on the bonds shall be payable in lawful money of the United States at the office of the treasurer of the VTA or at another other place or places as may be designated, or at either place or places at the option of the holders of the bonds. The bonds, or the series thereof, shall be dated and numbered consecutively and shall be signed by the chairman of the board and the treasurer, countersigned by the secretary and the official seal of the VTA attached. The interest coupons of the bonds shall be signed by the treasurer. All signatures, countersignatures, and the seal may be printed, lithographed, or mechanically reproduced, except that one of the signatures or countersignatures on the bonds shall be manually affixed. If any officer whose signature or countersignature appears on bonds or coupons ceases to be an officer before the delivery of the bonds, his signature is as effective as if he had remained in office. (Amended by Stats. 2016, Ch. 381, Sec. 88. (AB 2196) Effective January 1, 2017.)
  144. 100405.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The board may sell the bonds by resolution, but not below par, and must first give notice inviting sealed bids.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100405. The bonds may be sold as the board determines by resolution but for not less than par. Before selling the bonds, or any part thereof, the board shall give notice inviting sealed bids in such manner as it may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (Added by Stats. 1974, Ch. 1204.)
  145. 100406.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    Bonds may be delivered anywhere inside or outside the state, and their purchase price may be paid in cash or bank credits.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100406. Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits. (Added by Stats. 1974, Ch. 1204.)
  146. 100407.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    Bond sale interest and premiums must go into the bond-payment fund, and the remaining proceeds must be used only for the authorized improvement purposes. Any leftover improvement-fund money is later moved to bond repayment or used to buy outstanding VTA bonds, which must then be canceled immediately.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100407. All accrued interest and premiums received on the sale of bonds shall be placed in the fund to be used for the payment of principal of and interest on the bonds and the remainder of the proceeds of the bonds shall be placed in the treasury to the credit of the proper improvement fund and applied exclusively to the purposes for which the debt was incurred, which purposes shall be in conformity with an approved general transit plan or element thereof then in effect. When those purposes have been accomplished any moneys remaining in the improvement fund (a) shall be transferred to the fund to be used for the payment of principal of and interest on the bonds, or (b) shall be placed in a fund to be used for the purchase of outstanding bonds of the VTA from time to time in the open market at prices and in a manner, either at public or private sale or otherwise, as the board may determine. Bonds so purchased shall be canceled immediately. (Amended by Stats. 2016, Ch. 381, Sec. 89. (AB 2196) Effective January 1, 2017.)
  147. 100408.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    After three years from a bond election, the board may adopt an ordinance by a two-thirds vote to stop issuance or sale of any remaining unsold authorized bonds.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100408. After the expiration of three years after a bond election the board may determine, by ordinance adopted by a vote of two-thirds of all the members of the board, that any or all of the bonds authorized at the election remaining unsold shall not be issued or sold. When the ordinance takes effect, the authorization to issue such bonds shall become void. (Added by Stats. 1974, Ch. 1204.)
  148. 100409.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The board may, by two-thirds ordinance, declare the bond spending impractical or unwise and call an election to ask voters about using the bonds or their proceeds for other purposes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100409. Whenever the board deems that the expenditure of money for the purposes for which the bonds were authorized by the voters is impractical or unwise, it may, by ordinance adopted by a vote of two-thirds of all members of the board, so declare and call an election to be held within the boundaries of the VTA for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of the bonds for some other purposes or, in the case where bonds have been sold, the proposition to use the proceeds for some other purposes. The procedure, so far as applicable, shall be the same as when a bond proposition is originally submitted. (Amended by Stats. 2016, Ch. 381, Sec. 90. (AB 2196) Effective January 1, 2017.)
  149. 100410.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The board may issue, sell, or exchange refunding bonds to repay existing VTA bonds, and it decides the terms and exchange method.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100410. The board may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the VTA upon the terms, at the times, and in the manner which it determines. Refunding bonds may be issued in a principal amount sufficient to pay all or any part of the principal of outstanding bonds, the interest thereon, and the premiums, if any, due upon call and redemption thereof prior to maturity and all expenses of the refunding. The provisions of this article for issuance and sale of bonds apply to the issuance and sale of the refunding bonds, except that (a) no election need be called or held for the purpose of authorizing the issuance of refunding bonds, and (b) when refunding bonds are to be exchanged for outstanding bonds, the method of exchange shall be as determined by the board. (Amended by Stats. 2016, Ch. 381, Sec. 91. (AB 2196) Effective January 1, 2017.)
  150. 100411.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The Government Code provisions in Article 4 (starting with Section 53500) apply to the VTA.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100411. The provisions of Article 4 (commencing with Section 53500) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code are applicable to the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 92. (AB 2196) Effective January 1, 2017.)
  151. 100412.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    Bonds issued under this article are legal investments for specified funds and institutions, and may also be used as security where similar local-government bonds are allowed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100412. Any bonds which shall be issued under the provisions of this article shall be legal investment for all trust funds; for the funds of insurance companies, banks, both commercial and savings, and trust companies; and for state school funds. Whenever any money or funds may, by any law now or hereafter enacted, be invested in bonds of cities, cities and counties, counties, school districts, or other districts within the State of California, such money or funds may be invested in the bonds issued under this part. Whenever bonds of cities, cities and counties, counties, school districts, or other districts within this state may, by any law now or hereafter enacted, be used as security for the performance of any act or the deposit of any public moneys, the bonds issued under this part may be so used. The provisions of this article shall be in addition to all other laws relating to legal investments and shall be controlling as the latest expression of the Legislature with respect thereto. (Added by Stats. 1974, Ch. 1204.)
  152. 100413.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    If certain bonds with special-tax provisions are authorized, the board may enter covenants about issuing parity bonds, prioritizing and pledging special taxes, and other bond-related terms.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 1. Authorization and Issuance of General Obligation Bonds [100400 - 100413] ( Article 1 added by Stats. 1974, Ch. 1204. ) ## 100413. If bonds are authorized that contain a provision for special taxes under subdivision (i) of Section 100400, the board may enter into such convenants as may be deemed proper to provide for issuance of additional parity bonds and the priority and pledge of special taxes; and such other covenants as are customary or desirable in the issuance of any bonds payable out of special funds or as are necessary, convenient, or desirable to secure the bonds or tending to make them more marketable, subject to the provisions of the ordinance calling the bond election. (Added by Stats. 1974, Ch. 1204.)
  153. 100450.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 2. Revenue Bonds [100450 - 100451] ( Article 2 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The VTA may issue revenue bonds for facilities or enterprises it will acquire or construct, following the Revenue Bond Law of 1941.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 2. Revenue Bonds [100450 - 100451] ( Article 2 added by Stats. 1974, Ch. 1204. ) ## 100450. The VTA may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by the VTA, in the manner provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), all of the provisions of which are applicable to the VTA, except that these bonds may be paid, in whole or in part, from revenues made available under Article 9 (commencing with Section 100250) of Chapter 5 and, in that case, the bonds may be issued without an election if the resolution authorizing the bonds provides that the retail transactions and use tax shall continue to be imposed under that Article 9 until the bonds are fully paid or provision has been made for their payment in full. (Amended by Stats. 2016, Ch. 381, Sec. 93. (AB 2196) Effective January 1, 2017.)
  154. 100451.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 2. Revenue Bonds [100450 - 100451] ( Article 2 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    VTA may issue revenue bonds for authorized transit facilities and may use the article’s bond procedures, with proceedings allowed to run simultaneously or as the board decides.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 2. Revenue Bonds [100450 - 100451] ( Article 2 added by Stats. 1974, Ch. 1204. ) ## 100451. The VTA is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code). The term “enterprise” as used in the Revenue Bond Law of 1941 shall, for all purposes of this part, include the system or any or all transit facilities and all additions, extensions, and improvements thereto authorized to be acquired, constructed, or completed by the VTA. The VTA may issue revenue bonds under the Revenue Bond Law of 1941, for any one or more transit facilities authorized to be acquired, constructed, or completed by the VTA or, in the alternative, may issue revenue bonds under the Revenue Bond Law of 1941, for the acquisition, construction, and completion of any one of those transit facilities. Nothing in this article shall prevent the VTA from availing itself of, or making use of, any procedure provided in this part for the issuance of bonds of any type or character for any of the transit facilities authorized hereunder, and all proceedings may be carried on simultaneously or, in the alternative, as the board may determine. (Amended by Stats. 2016, Ch. 381, Sec. 94. (AB 2196) Effective January 1, 2017.)
  155. 100460.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 3. Equipment Trust Certificates [100460 - 100463] ( Article 3 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The VTA may buy transit equipment, use leases and equipment trust certificates, and structure installment payments, but title to the equipment stays out of the VTA until those certificates are paid.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 3. Equipment Trust Certificates [100460 - 100463] ( Article 3 added by Stats. 1974, Ch. 1204. ) ## 100460. The VTA shall have power to purchase transit equipment such as cars, trolley buses, and motor buses, or rolling equipment; and may execute agreements, leases, and equipment trust certificates in the forms customarily used by private corporations engaged in the transit business appropriate to effect the purchase and leasing of transit equipment and may dispose of the equipment trust certificates upon terms and conditions as the board may deem appropriate. Payment for the equipment, or rentals therefor, may be made in installments, and the deferred installments may be evidenced by equipment trust certificates payable from any source or sources of funds specified in certificates that are or will be legally available to the VTA. Title to the equipment shall not rest in the VTA until the equipment trust certificates are paid. (Amended by Stats. 2016, Ch. 381, Sec. 95. (AB 2196) Effective January 1, 2017.)
  156. 100461.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 3. Equipment Trust Certificates [100460 - 100463] ( Article 3 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    An agreement to buy or lease rolling equipment may set up a trustee arrangement, direct delivery of the equipment, and authorize the VTA to execute matching purchase or lease documents.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 3. Equipment Trust Certificates [100460 - 100463] ( Article 3 added by Stats. 1974, Ch. 1204. ) ## 100461. The agreement to purchase or lease may direct the vendor or lessor to sell and assign or lease the rolling equipment to a bank or trust company duly authorized to transact business in the State of California as trustee, for the benefit and security of the equipment trust certificates and may direct the trustee to deliver the rolling equipment to one or more designated officers of the VTA and may authorize the VTA to execute and deliver simultaneously therewith an installment purchase agreement or a lease of the equipment to the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 96. (AB 2196) Effective January 1, 2017.)
  157. 100462.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 3. Equipment Trust Certificates [100460 - 100463] ( Article 3 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    Agreements and leases must be acknowledged before a person legally allowed to take deed acknowledgments, and the agreements, leases, and equipment trust certificates must be authorized by VTA resolution and include needed payment-protection terms.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 3. Equipment Trust Certificates [100460 - 100463] ( Article 3 added by Stats. 1974, Ch. 1204. ) ## 100462. The agreements and leases shall be duly acknowledged before a person authorized by law to take acknowledgments of deeds and in the form required for acknowledgment of deeds. These agreements, leases, and equipment trust certificates shall be authorized by resolution of the VTA and shall contain covenants, conditions, and provisions that may be deemed necessary or appropriate to ensure the payment of the equipment trust certificates from legally available sources of funds specified in the certificates. (Amended by Stats. 2016, Ch. 381, Sec. 97. (AB 2196) Effective January 1, 2017.)
  158. 100463.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 3. Equipment Trust Certificates [100460 - 100463] ( Article 3 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The covenants, conditions, and provisions in certain agreements, leases, and equipment trust certificates must not conflict with provisions in any trust agreement securing VTA bonds, notes, or certificates.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 3. Equipment Trust Certificates [100460 - 100463] ( Article 3 added by Stats. 1974, Ch. 1204. ) ## 100463. The covenants, conditions, and provisions of the agreements, leases, and equipment trust certificates shall not conflict with any of the provisions of any trust agreement securing the payment of bonds, notes, or certificates of the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 98. (AB 2196) Effective January 1, 2017.)
  159. 100470.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 4. Improvement Acts and Special Benefit Districts [100470 - 100471] ( Article 4 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The VTA is subject to the Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 4. Improvement Acts and Special Benefit Districts [100470 - 100471] ( Article 4 added by Stats. 1974, Ch. 1204. ) ## 100470. The Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 are applicable to the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 99. (AB 2196) Effective January 1, 2017.)
  160. 100471.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 4. Improvement Acts and Special Benefit Districts [100470 - 100471] ( Article 4 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    Chapter 1 of Part 11, Division 10 of the Public Utilities Code applies to the VTA.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 4. Improvement Acts and Special Benefit Districts [100470 - 100471] ( Article 4 added by Stats. 1974, Ch. 1204. ) ## 100471. The provisions of Chapter 1 (commencing with Section 99000) of Part 11 of Division 10 of the Public Utilities Code are applicable to the VTA. (Amended by Stats. 2016, Ch. 381, Sec. 100. (AB 2196) Effective January 1, 2017.)
  161. 100482.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 5. Temporary Borrowing [100482 - 100483] ( Article 5 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    VTA may borrow money under specified Government Code articles.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 5. Temporary Borrowing [100482 - 100483] ( Article 5 added by Stats. 1974, Ch. 1204. ) ## 100482. The VTA may borrow money in accordance with the provisions of Article 7 (commencing with Section 53820), or of Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2016, Ch. 381, Sec. 101. (AB 2196) Effective January 1, 2017.)
  162. 100483.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 5. Temporary Borrowing [100482 - 100483] ( Article 5 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    The VTA may borrow against authorized bond sales and issue bond anticipation notes, but the notes cannot exceed the remaining authorized bond amount and must mature within five years of the original delivery date.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 5. Temporary Borrowing [100482 - 100483] ( Article 5 added by Stats. 1974, Ch. 1204. ) ## 100483. The VTA may borrow money in anticipation of the sale of 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 same from time to time, but the maximum maturity of those notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original notes. The notes may be paid from any moneys of the VTA available therefor and not otherwise pledged. If not previously otherwise paid, the notes shall be paid from the proceeds of the next sale of the bonds of the VTA in anticipation of which they were issued. The notes shall not be issued in any amount in excess of the aggregate amount of bonds that the VTA has been authorized to issue, less the amount of any bonds of that authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding. The notes shall be issued and sold in the same manner as the bonds. The notes and the resolution or resolutions authorizing them may contain any provisions, conditions, or limitations that a resolution of the VTA authorizing the issuance of bonds may contain. (Amended by Stats. 2016, Ch. 381, Sec. 102. (AB 2196) Effective January 1, 2017.)
  163. 100490.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 6. Miscellaneous [100490 - 100492] ( Article 6 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    VTA may bring a court action to determine whether its bonds and similar debt instruments are valid.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 6. Miscellaneous [100490 - 100492] ( Article 6 added by Stats. 1974, Ch. 1204. ) ## 100490. The VTA may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2016, Ch. 381, Sec. 103. (AB 2196) Effective January 1, 2017.)
  164. 100491.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 6. Miscellaneous [100490 - 100492] ( Article 6 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    VTA bonds and similar indebtedness, and the interest on them, are exempt from California taxation except transfer, franchise, inheritance, and estate taxes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 6. Miscellaneous [100490 - 100492] ( Article 6 added by Stats. 1974, Ch. 1204. ) ## 100491. All bonds and other evidences of indebtedness issued by the VTA under the provisions of this part, and the interest thereon, are free and exempt from all taxation within the State of California, except for transfer, franchise, inheritance, and estate taxes. (Amended by Stats. 2016, Ch. 381, Sec. 104. (AB 2196) Effective January 1, 2017.)
  165. 100492.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 6. Miscellaneous [100490 - 100492] ( Article 6 added by Stats. 1974, Ch. 1204. )

    Verify source ↗

    VTA bond issuance documents form a contract with bondholders and related holders, and those obligations remain enforceable and continue after dissolution or territory withdrawal.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 7. Bonds and Other Evidences of Indebtedness [100400 - 100492] ( Chapter 7 added by Stats. 1974, Ch. 1204. ) ## ARTICLE 6. Miscellaneous [100490 - 100492] ( Article 6 added by Stats. 1974, Ch. 1204. ) ## 100492. Notwithstanding any other provisions of this part or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the VTA 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 shall constitute a contract between the VTA and the holders of the bonds, equipment trust certificates, notes, or evidences of indebtedness or liability and the provisions thereof shall be enforceable against the VTA, 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. Nothing contained in this part or in any other law shall be held to relieve the VTA or the territory included within it from any bonded or other debt or liability contracted by the VTA. Upon dissolution of the VTA or upon withdrawal of territory therefrom, the property formerly included within it 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 the same as if the VTA had not been so dissolved or 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. Except as may be otherwise 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 VTA shall be pledged, charged, assigned, and have a lien thereon for the payment of the bonds as long as they are outstanding, regardless of any change in ownership, operation, or control of the revenue-producing improvements, works, facilities, or property and it shall, in the 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. (Amended by Stats. 2016, Ch. 381, Sec. 105. (AB 2196) Effective January 1, 2017.)
  166. 1005.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may issue, refuse, or partly issue a certificate, and may add terms and conditions. If a timely hearing is requested by a person entitled to be heard, the commission must hold a hearing before issuing or refusing the certificate. For new gas or electric construction certificates, the certificate must list operating and cost details.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1005. (a) The commission may, with or without hearing, issue the certificate as prayed for, or refuse to issue it, or issue it for the construction of a portion only of the contemplated street railroad line, plant, or system, or extension thereof, or for the partial exercise only of the right or privilege, and may attach to the exercise of the rights granted by the certificate such terms and conditions, including provisions for the acquisition by the public of the franchise or permit and all rights acquired thereunder and all works constructed or maintained by authority thereof, as in its judgment the public convenience and necessity require; provided, however, upon timely application for a hearing by any person entitled to be heard thereat, the commission, before issuing or refusing to issue the certificate, shall hold a hearing thereon. (b) When the commission issues a certificate for the new construction of a gas or electric plant, line, or extension, the certificate shall specify the operating and cost characteristics of the plant, line, or extension, including, but not limited to, the size, capacity, cost, and all other characteristics of the plant, line, or extension which are specified in the information which the gas and electrical corporations are required to submit, pursuant to Section 1003 or 1003. 5. (Amended by Stats. 1982, Ch. 1253, Sec. 4.)
  167. 1005.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission must decide certain certificate applications within 18 months after the completed application is filed, if the listed conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1005.1. (a) The commission shall issue a decision on an application for a certificate within 18 months of the date of filing of the completed application, when all of the following are true: (1) The application is for a certificate for building or upgrading an electrical transmission line that the commission finds necessary to provide transmission to load centers for electricity generated in a high priority renewable energy zone or is reasonably necessary to facilitate achievement of the renewables portfolio standard established in Article 16 (commencing with Section 399.11) of Chapter 2.3. (2) The commission has considered all of the following: (A) The utilization of rights-of-way by upgrading existing transmission facilities instead of building new transmission facilities, where technically and economically justifiable. (B) The expansion of existing rights-of-way, if technically and economically feasible, when construction of new transmission lines is required. (C) The creation of new rights-of-way when justified by environmental, technical, and economic reasons. (D) The availability of cost-effective alternatives to transmission, such as energy efficiency measures and distributed generation. (3) The commission has not expressly found any of the following: (A) That the investment is not reasonable and necessary to maintain or enhance reliability of the transmission grid. (B) That the building or upgrading of the electrical transmission line will not maintain or enhance efficient use of the transmission grid. (C) That the transmission line fails to meet other applicable standards and requirements for approval and construction. (b) An extension of time may be granted by the commission if it finds the extension is necessary for completion of review pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Added by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 33. (SB 2 1x) Effective December 10, 2011.)
  168. 1005.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    For certain large utility construction projects, the commission must set a reasonable and prudent maximum cost in the certificate, and it may later approve cost increases or construction stoppage in specified circumstances.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1005.5. (a) Whenever the commission issues to an electrical or gas corporation a certificate authorizing the new construction of any addition to or extension of the corporation’s plant estimated to cost greater than fifty million dollars ($50,000,000), the commission shall specify in the certificate a maximum cost determined to be reasonable and prudent for the facility. The commission shall determine the maximum cost using an estimate of the anticipated construction cost, taking into consideration the design of the project, the expected duration of construction, an estimate of the effects of economic inflation, and any known engineering difficulties associated with the project. (b) After the certificate has been issued, the corporation may apply to the commission for an increase in the maximum cost specified in the certificate. The commission may authorize an increase in the specified maximum cost if it finds and determines that the cost has in fact increased and that the present or future public convenience and necessity require construction of the project at the increased cost; otherwise, it shall deny the application. (c) After construction has commenced, the corporation may apply to the commission for authorization to discontinue construction and recover those costs which were reasonably and prudently incurred. After a showing to the satisfaction of the commission that the present or future public convenience and necessity no longer require the completion of construction of the project, the commission may authorize discontinuance of construction and the recovery of those construction costs which were reasonable and prudent. (d) In any decision establishing rates for an electrical or gas corporation reflecting the reasonable and prudent costs of the new construction of any addition to or extension of the corporation’s plant, when the commission has found and determined that the addition or extension is used and useful, the commission shall consider whether or not the actual costs of construction are within the maximum cost specified by the commission. (Added by Stats. 1985, Ch. 926, Sec. 2.)
  169. 100500.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 8. Dissolution [100500- 100500.] ( Chapter 8 added by Stats. 1969, Ch. 180. )

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    The VTA may be dissolved if the dissolution follows the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 8. Dissolution [100500- 100500.] ( Chapter 8 added by Stats. 1969, Ch. 180. ) ## 100500. The VTA may be dissolved pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). (Amended by Stats. 2016, Ch. 381, Sec. 106. (AB 2196) Effective January 1, 2017.)
  170. 10051.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A municipal corporation incorporated under state law may sell and dispose of a public utility it owns, as provided in this article.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 10051. Any municipal corporation incorporated under the laws of this State may as provided in this article sell and dispose of any public utility that it owns. (Enacted by Stats. 1951, Ch. 764.)
  171. 10052.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A municipal corporation’s legislative body may submit the sale of a public utility to voters if two-thirds of its members first determine that the sale is needed in the public interest and necessity.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 10052. Whenever the legislative body of a municipal corporation by a resolution passed by two-thirds of all its members determines that the public interest and necessity demand that any public utility owned by the municipal corporation should be sold, it may at any subsequent meeting by a vote of two-thirds of all its members order the proposition of selling the public utility to be submitted to the qualified voters of the municipal corporation at an election held for that purpose. (Enacted by Stats. 1951, Ch. 764.)
  172. 10053.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The ordinance for the special election must state what the election is for, how the sale proceeds will be used, how the election will be conducted, and how people will vote for or against the sale of the public utility.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 10053. The ordinance calling the special election shall recite the object for which the election is to be held, the purpose for which the proceeds of the sale are proposed to be expended, the manner of holding the election, and the manner of voting for or against the sale of the public utility. In all particulars not recited in the ordinance the election shall be held as provided for by law for holding municipal elections in such municipality. (Enacted by Stats. 1951, Ch. 764.)
  173. 10054.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The ordinance must be published in a newspaper or, if no such newspaper exists, posted in three public places before the election date.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 10054. The ordinance shall be published once a day for at least 12 days in a newspaper published at least six days a week in the municipality or at least once a week for two weeks in a newspaper published less than six days a week in the municipality. The insertion each week for two succeeding weeks is a sufficient publication in a newspaper published less than six days a week. The first publication of the ordinance shall be at least two weeks prior to the date mentioned in the ordinance for holding the election. In municipalities where no such newspaper is published the ordinance shall be posted in three public places therein for two succeeding weeks next before the day fixed for the election. (Enacted by Stats. 1951, Ch. 764.)
  174. 10055.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A sale of the public utility needs votes from two-thirds of the voters voting at the election.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 10055. The votes of two-thirds of all voters voting at the election are necessary to authorize the sale of the public utility described in the ordinance calling the election. (Enacted by Stats. 1951, Ch. 764.)
  175. 10056.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A resolution and ordinance may authorize selling more than one public utility, but each utility’s sale question must be separately stated in the ordinance and on the election ballots.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 10056. The resolution and ordinance may provide for the sale of more than one public utility, but in such case the question of selling each public utility shall be separately stated in the ordinance and upon the election ballots. (Enacted by Stats. 1951, Ch. 764.)
  176. 10057.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    If the election vote favors selling the public utility, the municipal legislative body must sell it, set the bid date and filing method, and publish notice before bids are received.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 10057. If the vote cast at the election is in favor of the sale of the public utility mentioned in the ordinance calling for the election, the legislative body of the municipal corporation shall immediately proceed to sell the public utility, and shall fix a date on which bids for the sale of the public utility will be received and the manner of filing bids. The legislative body shall cause notice of the sale to be published for at least two weeks next before the day fixed for receiving bids in the manner provided in Section 10054 for publication of the ordinance calling for the election. If no newspaper is published in the municipality, the notice shall be posted in three public places therein for two succeeding weeks next before the date fixed for receiving bids. (Enacted by Stats. 1951, Ch. 764.)
  177. 10058.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The legislative body must open and examine all bids, and may sell the public utility to the highest and best bidder.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 10058. At the date fixed for receiving bids the legislative body of the municipal corporation shall open and examine all bids received and may sell the public utility to the highest and best bidder therefor. If the bids received, in the opinion of the legislative body are inadequate or disproportionate to the value of the public utility the legislative body may reject all bids and may proceed to give new notice of the sale of the public utility in the manner provided in Section 10057. (Enacted by Stats. 1951, Ch. 764.)
  178. 10059.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    If a municipal corporation accepts a bid, its legislative body may authorize designated officers to sign and deliver a deed for the public utility to the successful bidder.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 10059. When a bid is accepted by the legislative body of the municipal corporation, the legislative body may by resolution authorize its mayor, or president of its board of trustees, or other chief executive officer, and its clerk to execute, acknowledge, and deliver on behalf of the municipal corporation, in its name and under its corporate seal, a deed conveying the public utility to the successful bidder upon receiving from him in cash the full amount of the bid and the promise of the bidder to continue to operate the public utility. The deed shall operate to convey to the successful bidder all of the municipality’s right, title, interest, and estate in and to the public utility described in the deed. (Enacted by Stats. 1951, Ch. 764.)
  179. 1006.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    If a complaint alleges a specified public utility is building without the required certificate, the commission may order it to stop construction.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1006. When a complaint has been filed with the commission alleging that a public utility of the class specified in Section 1001 is engaged or is about to engage in construction work without having secured from the commission a certificate of public convenience and necessity as required by this article, the commission may, with or without notice, make its order requiring the public utility complained of to cease and desist from such construction until the commission makes and files its decision on the complaint or until the further order of the commission. (Enacted by Stats. 1951, Ch. 764.)
  180. 1006.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may require a small water or sewer system corporation to post a bond before certain work is authorized, and may later forfeit, reduce, or eliminate that bond under specified conditions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Certificates of Public Convenience and Necessity [1001 - 1103] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Specified Utilities [1001 - 1013] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1006.5. The commission may, after notice and hearing, prior to authorizing any water or sewer system corporation having annual gross operating revenues under two hundred thousand dollars ($200,000) to construct, operate, acquire, expand, or improve its line, plant, or system, prescribe, as a condition to granting such authority, that the corporation file with the commission a bond with sufficient sureties, subject to approval of the commission, in a reasonable amount not exceeding fifty thousand dollars ($50,000) payable to the commission and conditioned on the corporation’s furnishing adequate and sufficient service within its service area. The commission may, after notice and hearing, declare all or any part of the bond forfeited after finding that the corporation has willfully failed to furnish adequate and sufficient service without just cause or excuse and that such failure has continued for an unreasonable duration. Such bond shall further provide for payment to the commission of the amount of any penalty assessed against the corporation pursuant to Section 2107. The commission may, upon petition by a water or sewer system corporation, for good cause, reduce the amount or eliminate the requirement of any bond which it has required to be filed pursuant to this section. (Added by Stats. 1980, Ch. 1078, Sec. 3.)
  181. 10060.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Money from selling the public utility must go into the municipal treasury and be used only for the purposes stated in the election ordinance.

    ## Public Utilities Code - PUC ## DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001 - 10303] ( Division 5 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Acquisition, Operation, and Sale of Utilities [10001 - 10303] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Sale and Disposal [10051 - 10061] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 10060. The proceeds of the sale of the public utility shall be placed in the municipal treasury and shall be applied exclusively for the purposes and objects mentioned in the ordinance calling the election for the sale of the public utility. (Enacted by Stats. 1951, Ch. 764.)
  182. 100600.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    The VTA is authorized to levy special benefit assessments for needed public rail rapid transit facilities and services on property that benefits from them, and its Board of Directors is the conclusive judge of how benefits are apportioned.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100600. The Legislature finds and declares that: (a) It is necessary and in the best interest of the citizens of the state to authorize the VTA to levy special benefit assessments for needed public rail rapid transit facilities and services on the property that benefits from those facilities and services. (b) The rail rapid transit facilities and services provide special benefits to parcels of land, and improvements thereon, in the vicinity of rail rapid transit stations, and provide general benefits to the community at large. The Board of Directors of the VTA shall be the conclusive judge of the proportion of special and general benefits produced by the facilities and of the distribution of the special benefits among parcels of property within the benefit assessment district. (Amended by Stats. 2016, Ch. 381, Sec. 107. (AB 2196) Effective January 1, 2017.)
  183. 100601.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    The board may start the process to create special benefit districts and levy assessments on real property near rail transit stations, but it must follow notice, protest, hearing, and publication procedures.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100601. (a) Whenever the board finds that property adjacent to, or in the vicinity of, one or more rail transit stations, or proposed rail transit stations, of the VTA receives or will receive special benefit by reason of the location or operation of one or more of those rail transit stations, the board may, by resolution adopted by a two-thirds vote of its members, provide for notice and hearing on its intention to establish one or more special benefit districts and levy a special benefit assessment on real property therein for the purpose of financing, in whole or in part, the acquisition, construction, development, joint development, operation, maintenance, or repair of one or more rail transit stations and rail transit related facilities located within the benefit district. (b) In connection with the levy of a special benefit assessment, the board shall comply with the notice, protest, and hearing procedures set forth in Section 53753 of the Government Code. (c) The resolution may provide that the proposed benefit district will contain separate zones, which may consist of either contiguous or noncontiguous areas of land within the boundaries of the VTA. The proposed benefit district and each proposed zone, if any, therein shall be an area adjacent to, or in the vicinity of, one or more rail transit stations or proposed rail transit stations. The boundaries of the benefit district and of each zone, if any, therein shall be drawn so as to reflect, as accurately as possible, the areas in which special benefits are conferred by reason of the proximity and operation of one or more rail transit stations. (d) A notice stating the time and place of the hearing, and setting forth the boundaries and purpose of the proposed benefit district, shall be published prior to the time fixed for the hearing pursuant to Section 6066 of the Government Code. (e) For purposes of this chapter, “benefit district” means a special benefit assessment district established pursuant to this chapter, the area of which shall not lie more than one-half mile from the center point of any rail transit station or proposed rail transit station. (f) For purposes of this chapter, “transit related facilities” means land, buildings, and equipment, or any interest therein, whether or not the operation thereof produces revenue, which has, as its primary purpose, the operation of the rail transit system or the providing of services to the passengers of the rail transit system, but does not mean any land, buildings, or equipment, or interest therein, which is used primarily for the production of revenue not arising from the operation of the rail transit system. (Amended by Stats. 2016, Ch. 381, Sec. 108. (AB 2196) Effective January 1, 2017.)
  184. 100601.5.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    The resolution must state assessment details and the district map information, and a copy of the resolution must be included with the required notice.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100601.5. (a) The resolution shall state, as appropriate, the maximum and minimum rate of assessment, the amount of the special benefit assessment and the purposes for which it is to be levied, the estimated cost of accomplishing the purposes, and the dates or approximate intervals at which the assessment shall be levied. The resolution shall also state that the exterior boundaries of the benefit district are set forth on a map on file with the secretary of the VTA, which map shall govern for all purposes as to the extent of the benefit district and zones, if any, therein and that the area set forth on the map shall thereupon constitute and be known as “Benefit District No. ____ of the Santa Clara Valley Transportation Authority,” or as “Benefit Zone ____ of the Benefit District No. ____ of the Santa Clara Valley Transportation Authority,” as designated by the board. (b) A copy of the resolution shall be included with the notice given pursuant to Section 53753 of the Government Code. (Amended by Stats. 2016, Ch. 381, Sec. 109. (AB 2196) Effective January 1, 2017.)
  185. 100602.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    The board must measure the benefit to property when setting a special benefit assessment, and VTA may use assessment-related powers to collect and administer it. Revenue from the assessment must be used only for the facility it funds.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100602. (a) In determining the amount of a special benefit assessment, the board shall measure the benefit to real property in the benefit district or zones therein according to the procedures and approval process set forth in Section 4 of Article XIII D of the California Constitution. (b) The special benefit assessment constitutes a charge imposed on particular real property for a VTA project of direct benefit to that property, and does not constitute ad valorem taxes or any other form of general tax levy applying a given rate to the assessed valuation of all taxable property within the boundaries of the VTA. (c) The VTA shall possess all powers necessary for, incidental to, or convenient for, the collection, enforcement, administration, or distribution of the special benefit assessment in accordance with California law. (d) The revenue from a special benefit assessment, which is imposed pursuant to this chapter, or from bonds secured by the special benefit assessment, for the purpose of financing a rail transit station or rail transit related facility located within the benefit district, shall be used only for financing of the facility for which it was levied, and that revenue shall not be used for any other purpose or the payment of any other expense of the VTA, including, but not limited to, transit, transportation, or operating expense. (Amended by Stats. 2016, Ch. 381, Sec. 110. (AB 2196) Effective January 1, 2017.)
  186. 100602.10.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    Notice of hearings on petitions for exclusion or reduction must be given, and notice must also be mailed at least 30 days before the hearing to all record owners of identified parcels in the benefit district or zone.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100602.10. Notice of each hearing upon the petition for exclusion or reduction shall be given in accordance with subdivision (d) of Section 100601. Notice shall also be mailed at least 30 days prior to the hearing to all record owners of each identified parcel within the boundaries of the benefit district or zone. (Amended by Stats. 2004, Ch. 645, Sec. 10. Effective January 1, 2005.)
  187. 100602.11.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    The board or its appointed hearing officer must hear the petition, related evidence, and written objections at the noticed hearing time and place, or when the hearing is adjourned.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100602.11. At the time and place provided in the notice or at any time and place to which the hearing is adjourned, the board or its appointed hearing officer shall hear all of the following: (a) The petition for exclusion or reduction. (b) All evidence or proofs that may be introduced by or on behalf of the petitioners. (c) All objections to the petition that may be presented in writing by any person, including the VTA. (d) All evidence or proofs that may be introduced in support of objections to the petition. (Amended by Stats. 2016, Ch. 381, Sec. 111. (AB 2196) Effective January 1, 2017.)
  188. 100602.12.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    People who file the petition must pay the costs of the required notice and hearing on the exclusion or reduction petition.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100602.12. The expenses of giving the notice provided for herein and of the hearing on the exclusion or reduction petition shall be paid by the persons filing the petition. (Added by Stats. 2003, Ch. 727, Sec. 1. Effective January 1, 2004.)
  189. 100602.13.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    The board must deny an exclusion or reduction petition if the petitioner has not proved the required facts by a preponderance of the evidence.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100602.13. Upon the hearing on an exclusion or reduction petition by the board, or upon the record of hearing by a hearing officer, the board shall order the petition be denied when the petitioner has not shown by a preponderance of the evidence that in an exclusion petition the real property is not benefited or in a reduction petition that the assessment exceeds the benefit to the property. (Amended by Stats. 2004, Ch. 645, Sec. 11. Effective January 1, 2005.)
  190. 100602.14.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    After a hearing on an exclusion or reduction petition, the board must decide by resolution whether to exclude property, reduce the benefit assessment, or confirm the assessment.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100602.14. The board, after the hearing on an exclusion or reduction petition, shall order one of the following by resolution: (a) In the case of an exclusion petition, order the exclusion of all or any part of the real property described in the petition upon its finding that the property will not be benefited by the operations of the VTA in the vicinity of the benefit district. (b) In the case of a reduction petition, order a change in the benefit assessment to all or any portion of the real property described in the petition to provide that it not exceed the amount of benefit derived by the operations of the VTA in the vicinity of the benefit district. (c) Confirm the assessment on the real property subject to the petition as correctly reflecting the amount of benefit to the real property. (Amended by Stats. 2016, Ch. 381, Sec. 112. (AB 2196) Effective January 1, 2017.)
  191. 100602.4.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    Owners in certain multiple-ownership parcels may choose one owner in writing to be treated as the owner for an assessment ballot, and a legal representative may act for a corporation or estate.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100602.4. (a) Where any parcel in the benefit district is owned in joint tenancy, tenancy in common, or any other multiple ownership, the owners of that parcel may designate in writing which one of the owners shall be deemed the owner of the parcel for purposes of submitting an assessment ballot pursuant to Section 53753 of the Government Code. In the absence of a designation, the provisions of paragraph (3) of subdivision (e) of Section 53753 of the Government Code shall apply. (b) The legal representative of a corporation or an estate owning real property in the benefit district may act on behalf of the corporation or the estate. (c) (1) For purposes of this chapter, “legal representative” means an official of a corporation owning real property in the benefit district. (2) For purposes of this chapter, “legal representative” also means a guardian, conservator, executor, or administrator of the estate of the holder of title to real property in the benefit district who is all of the following: (A) The person is appointed under the laws of this state. (B) The person is entitled to the possession of the estate’s real property. (C) The person is authorized by the appointing court to exercise the particular right, privilege, or immunity that he or she seeks to exercise. (Amended by Stats. 2014, Ch. 71, Sec. 157. (SB 1304) Effective January 1, 2015.)
  192. 100602.8.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    If there is no majority protest, the board may levy the assessment under the referenced resolution.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100602.8. If there is no majority protest to the imposition of an assessment, the board may levy the assessment in accordance with the resolution adopted pursuant to Section 100601. (Amended by Stats. 2004, Ch. 645, Sec. 9. Effective January 1, 2005.)
  193. 100602.9.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    Owners of real property within the benefit district, or their legal representatives, may file a petition with the board to seek exclusion from the district or a reduction in the assessment.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100602.9. (a) Any owner or owners of real property, which is, in whole or in part, within the benefit district, or their legal representatives, may jointly or severally file with the board a petition requesting that the real property owned by them or for which they are the legal representative be excluded from the benefit district on the ground that the real property sought to be excluded is not benefited or that the assessment be reduced on the ground that the assessment exceeds the benefit to that real property. (b) The real property sought to be excluded or upon which the assessment is sought to be reduced shall be described by its legal description and shall be accompanied by a map depicting its location in relation to the benefit district. (c) The petition shall contain a statement of facts in support of the petition and shall be acknowledged by the owner or the legal representative filing the petition. (Added by Stats. 2003, Ch. 727, Sec. 1. Effective January 1, 2004.)
  194. 100603.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    The board may use a resolution to make bond debt payable from special benefit assessments, but it must follow required vote, notice, hearing, and disclosure steps.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100603. (a) Following formation of the benefit district or concurrently therewith, if the board deems it necessary to incur a bonded indebtedness for the acquisition, construction, development, joint development, completion, operation, maintenance, or repair of one or more rail transit stations and related rail transit facilities located within the benefit district, the board may provide, by resolution, that the bonded indebtedness shall be payable from special benefit assessments levied within the benefit district. The resolution shall be adopted by a two-thirds vote of the members of the board, and shall declare and state all of the following: (1) That the board intends to incur an indebtedness, by the issuance of bonds of the VTA, for the benefit district which the board has formed, or intends to form, within a portion of the boundaries of the VTA. (2) The purposes for which the proposed debt is to be incurred, which may include all costs and estimated costs necessary or convenient for, incidental to, or connected with, the accomplishment of the purposes, including, without limitation, engineering, inspection, legal, fiscal agent, financial consultant, bond and other reserve funds, working capital, bond interest estimated to accrue during the construction period, if any, and for a period not exceeding three years thereafter, and the expenses of all proceedings for the authorization, issuance, and sale of the bonds. (3) The estimated cost of accomplishing the purposes and the amount of the principal of the indebtedness to be incurred. (4) That a general description of the benefit district and of each zone, if any, therein and maps showing the exterior boundaries thereof are on file with the secretary of the VTA and available for inspection by any interested person. (5) That special benefit assessments for the payment of the bonds, and the interest thereon, have been, or are proposed to be levied in the benefit district or zones therein in accordance with the procedures and approval process set forth in Section 4 of Article XIII D of the California Constitution. (6) The extent to which, if at all, all or a portion of the revenues of the VTA are to be used to pay the principal of, interest on, and sinking fund payments for, the bonds, including the establishment and maintenance of any reserve fund therefor. (7) The time and place set for hearing on the proposed issuance of the bonds. (8) That, prior to levying a special benefit assessment, the board shall comply with the notice, protest, and hearing procedures set forth in Section 53753 of the Government Code. (9) The maximum term the proposed bonds shall run before maturity, which shall not exceed 40 years from the date of the bonds or any series thereof. (10) The maximum rate or rates of interest to be paid, which shall not exceed 12 percent per annum. (11) That the pledge of special benefit assessment revenues to the bonds authorized by this section has priority over the use of any of those revenues for pay-as-you-go financing, except to the extent that this priority is expressly restricted by any of the VTA’s agreements with bondholders. (b) The notice stating the time and place of the hearing on the proposed issuance of bonds shall be published prior to the time fixed for the hearing pursuant to Section 6066 of the Government Code. (Amended by Stats. 2016, Ch. 381, Sec. 113. (AB 2196) Effective January 1, 2017.)
  195. 100604.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    The board must hold the hearing, let interested persons speak, and then decide by two-thirds vote whether to incur the bonded indebtedness.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100604. At the time and place fixed for the hearing on the issuance of bonds payable from special benefit assessments levied under this chapter, or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. Interested persons may appear at the hearing and present matters material to the questions set forth in the resolution. At the conclusion of the hearing on the proposed issuance of bonds, the board shall, by resolution adopted by a two-thirds vote of the members, determine whether to incur the bonded indebtedness. The resolution shall state the amount of the proposed debt, the purposes for which it is to be incurred, and the estimated cost of accomplishing the purposes. The determinations made in the resolution are final and conclusive. (Added by Stats. 2003, Ch. 727, Sec. 1. Effective January 1, 2004.)
  196. 100605.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    The VTA may use other revenues to pay bond principal and interest only as allowed by its bondholder agreement.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100605. (a) Special benefit assessments for the payment of the principal of, and interest on, bonds issued for a benefit district or zone shall be levied in the benefit district or zone at rates that are sufficient in the aggregate, together with revenues already collected and available, to pay the principal of, and interest on, all bonds the VTA issued for the benefit district or zone. Other revenues of the VTA shall be used for the payment of the principal of, and interest on, the bonds only to the extent set forth in any agreement of the VTA for the benefit of bondholders. (b) Special benefit assessments in the benefit district and zones, if any, therein shall be calculated in accordance with the requirements set forth in Section 4 of Article XIII D of the California Constitution. (Amended by Stats. 2016, Ch. 381, Sec. 114. (AB 2196) Effective January 1, 2017.)
  197. 100606.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    This section sets bond terms, including a maximum 12% annual interest rate, a minimum $5,000 denomination, payment locations, signature requirements, and optional call-and-redemption terms.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100606. (a) The bonds issued pursuant to this chapter shall bear interest at a rate or rates not exceeding 12 percent per annum, payable semiannually, except that the first interest payable on the bonds or any series thereof may be for any period not to exceed one year as determined by the board. (b) In the resolution or resolutions providing for the issuance of bonds, the board may also provide for call and redemption of the bonds prior to maturity at times and prices and upon any other terms that it may specify. However, no bond is subject to call or redemption prior to maturity unless the bond contains a recital to that effect. The denomination or denominations of bonds shall be stated in the resolution providing for their issuance, but shall not be less than five thousand dollars ($5,000). The principal of, and interest on, the bonds shall be payable in lawful money of the United States at the office of the treasurer of the VTA or at any other place or places that may be designated by the board, or at either place or places at the option of the holders of the bonds. The bonds shall be dated, numbered consecutively, signed by the board chairperson and chief financial officer, and countersigned by the secretary and shall have the official seal of the VTA attached. The interest coupons of the bonds shall be signed by the chief financial officer. The seal and all signatures and countersignatures may be printed, lithographed, or mechanically reproduced, except that one signature or countersignature shall be manually affixed. (c) If an officer, whose signature or countersignature appears on the bonds or coupons, leaves office for any reason prior to the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office. (Amended by Stats. 2016, Ch. 381, Sec. 115. (AB 2196) Effective January 1, 2017.)
  198. 100607.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    The board may decide how to sell the bonds, including by competitive bid, private sale, negotiation, or other lawful means, and may sell them below par.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100607. The bonds issued pursuant to this chapter may be sold as the board determines by resolution. The board may sell the bonds at a price below par. If the board determines by resolution that the bonds shall be sold by competitive bid, the board, before selling the bonds, or any part thereof, shall give notice inviting sealed bids in the manner that it prescribes. If satisfactory bids are received, the bonds offered shall be awarded to the highest responsible bidder. If no bids are received, or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and either readvertise or sell the bonds at private sale or by negotiation, or by other lawful means. If the board determines by resolution that the bonds shall not be sold by competitive bid, the board may sell the bonds at public or private sale, by negotiation, or by other lawful means. (Added by Stats. 2003, Ch. 727, Sec. 1. Effective January 1, 2004.)
  199. 100608.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

    Verify source ↗

    Bonds issued under this chapter may be delivered anywhere inside or outside the state, and the purchase price may be paid in cash or bank credits.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100608. Delivery of any bonds issued under this chapter may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits. (Added by Stats. 2003, Ch. 727, Sec. 1. Effective January 1, 2004.)
  200. 100609.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. )

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    Bond sale interest, premiums, and remaining proceeds must be placed in specified funds or the treasury and used for bond repayment or related purposes; after the debt purpose is completed, leftover money may be moved or used to buy outstanding bonds, which must then be canceled.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY [100000 - 100619] ( Heading of Part 12 amended by Stats. 1999, Ch. 724, Sec. 5. ) ## CHAPTER 9. Benefit Assessment Districts [100600 - 100619] ( Chapter 9 added by Stats. 2003, Ch. 727, Sec. 1. ) ## 100609. (a) All accrued interest and premiums received on the sale of bonds issued by the VTA pursuant to this chapter shall be placed in the fund to be used for the payment of principal of, and interest on, those bonds. The remainder of the proceeds received on the sale of the bonds shall be placed in the treasury to secure those bonds or for the purposes for which the debt was incurred. (b) When the purposes for which the debt was incurred have been accomplished, any money remaining shall be either (a) transferred to the fund to be used for the payment of principal of, and interest on, the bonds or (b) placed in a fund to be used for the purchase of those outstanding bonds of the VTA, from time to time, in the open market at the prices and in the manner, either at public or private sale or otherwise, that the board determines. Bonds so purchased shall be canceled immediately. (Amended by Stats. 2016, Ch. 381, Sec. 116. (AB 2196) Effective January 1, 2017.)

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