Public Utilities Code
Part 10 of 38 · provisions 1,801–2,000
This act is named the Public Utilities Code.
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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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- 131303. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.5. COUNTY TRAFFIC AND TRANSPORTATION FUNDING IN THE NINE-COUNTY SAN FRANCISCO BAY AREA [131000 - 131304] ( Division 12.5 added by Stats. 1986, Ch. 301, Sec. 3. ) ## CHAPTER 5. County Transportation Authority [131240 - 131304] ( Chapter 5 added by Stats. 1986, Ch. 301, Sec. 3. ) ## ARTICLE 4. Administration of Adopted County Transportation Plan [131300 - 131304] ( Article 4 added by Stats. 1986, Ch. 301, Sec. 3. )
The county transportation authority must prepare and adopt an annual report by January 1 each year.
## Public Utilities Code - PUC ## DIVISION 12.5. COUNTY TRAFFIC AND TRANSPORTATION FUNDING IN THE NINE-COUNTY SAN FRANCISCO BAY AREA [131000 - 131304] ( Division 12.5 added by Stats. 1986, Ch. 301, Sec. 3. ) ## CHAPTER 5. County Transportation Authority [131240 - 131304] ( Chapter 5 added by Stats. 1986, Ch. 301, Sec. 3. ) ## ARTICLE 4. Administration of Adopted County Transportation Plan [131300 - 131304] ( Article 4 added by Stats. 1986, Ch. 301, Sec. 3. ) ## 131303. The county transportation authority shall prepare and adopt an annual report by January 1 of each year on the progress to achieve the objectives of completion of the projects in the adopted county transportation expenditure plan. (Added by Stats. 1986, Ch. 301, Sec. 3. Effective July 14, 1986.) - 131304. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.5. COUNTY TRAFFIC AND TRANSPORTATION FUNDING IN THE NINE-COUNTY SAN FRANCISCO BAY AREA [131000 - 131304] ( Division 12.5 added by Stats. 1986, Ch. 301, Sec. 3. ) ## CHAPTER 5. County Transportation Authority [131240 - 131304] ( Chapter 5 added by Stats. 1986, Ch. 301, Sec. 3. ) ## ARTICLE 4. Administration of Adopted County Transportation Plan [131300 - 131304] ( Article 4 added by Stats. 1986, Ch. 301, Sec. 3. )
Certain county transportation expenditure plan amendments must be submitted for approval, and amendments may use additional funds in some cases.
## Public Utilities Code - PUC ## DIVISION 12.5. COUNTY TRAFFIC AND TRANSPORTATION FUNDING IN THE NINE-COUNTY SAN FRANCISCO BAY AREA [131000 - 131304] ( Division 12.5 added by Stats. 1986, Ch. 301, Sec. 3. ) ## CHAPTER 5. County Transportation Authority [131240 - 131304] ( Chapter 5 added by Stats. 1986, Ch. 301, Sec. 3. ) ## ARTICLE 4. Administration of Adopted County Transportation Plan [131300 - 131304] ( Article 4 added by Stats. 1986, Ch. 301, Sec. 3. ) ## 131304. Any amendment to a county transportation expenditure plan proposed by the county transportation authority which adds or deletes a project, or is of major significance, shall be submitted for approval in the same manner as the adopted plan was approved pursuant to Chapter 2 (commencing with Section 131050). Amendments may provide for the use of additional federal, state, and local funds to account for expected revenue fluctuations, or to take into consideration unforeseen circumstances. Any amendment shall take into account that all appropriate actions shall be taken to give highest priority to the projects in the initial plan and any amendments shall not delay or delete any project in the initial plan without the approval of the project sponsor. (Added by Stats. 1986, Ch. 301, Sec. 3. Effective July 14, 1986.) - 13131. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. )
This article’s provisions must be complied with while district bonds remain outstanding and unpaid, or until full payment has been secured through redemption or other irrevocable allocation of enough money.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. ) ## 13131. So long as any bonds of the district are outstanding and unpaid, or so long as provision has not been made for the full payment and discharge of all such outstanding bonds, upon maturity, or upon redemption prior to maturity, through the setting apart in a reserve fund or special trust account created pursuant to this article to insure the payment thereof, of money sufficient for that purpose, or through other irrevocable allocation to that purpose of money sufficient therefor all provisions of this article shall be complied with. (Added by Stats. 1957, Ch. 2237.) - 13132. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. )
The board must set and collect service rates and charges so revenues are enough to pay bond principal and interest, redemption premiums if any, and operating and maintenance expenses.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. ) ## 13132. The board shall fix rates for service from the electric system to which the indebtedness pertains, and collect charges for such service, such as to provide revenues at least sufficient in the aggregate to pay, as the same shall become due, the principal and interest on all such bonds so outstanding payable out of those revenues, including premiums, if any, due upon the redemption of any thereof, in addition to paying, as the same shall become due, the necessary expenses of operating and maintaining such system, and all other obligations and indebtedness payable out of those revenues. (Added by Stats. 1957, Ch. 2237.) - 13133. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. )
Bonds issued under this chapter must not have priority over other claims for principal or interest.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. ) ## 13133. Bonds issued under this chapter shall be issued without any priority with respect to payment of principal or interest. (Added by Stats. 1957, Ch. 2237.) - 13134. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. )
The district’s electric system cannot be sold or otherwise disposed of, unless the transaction is arranged to keep making payments into a fund enough to pay all bond principal, interest, and any redemption premiums under this chapter.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. ) ## 13134. The electric system of the district to which the indebtedness pertains shall not be sold or otherwise disposed of, as a whole or substantially as a whole, unless such sale or other disposition be so arranged as to provide for a continuance of payments into a fund sufficient in amount to permit payment therefrom of principal of, and interest on, and premiums, if any, due upon the redemption of, all bonds issued under this chapter. (Added by Stats. 1957, Ch. 2237.) - 13135. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. )
Debt payable from revenues may not be created if that would conflict with prior board resolutions tied to revenue bonds.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. ) ## 13135. No indebtedness payable out of revenues shall be created in contravention of the provisions of any resolutions heretofore adopted by the board in connection with the authorization of any bonds payable out of revenues. (Added by Stats. 1957, Ch. 2237.) - 13136. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. )
The board may decide, in a bond resolution, which article provisions bondholders can benefit from or enforce.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 7. Obligation to Bondholders [13131 - 13136] ( Article 7 added by Stats. 1957, Ch. 2237. ) ## 13136. Anything in this article to the contrary notwithstanding, the board, in any resolution constituting a part of the proceedings for the issuance of any issue of bonds under this chapter may determine that the holders of the bonds of that issue are not to be entitled to the benefits of or to enforce any or all of the provisions of this article, and to that end the board, in such resolution, shall specify the provisions of this article to the benefits of which the holders of the bonds of that issue shall be entitled; and the holders of the bonds of that issue shall not be entitled to the benefits of or to enforce any of the provisions of this article not so specified. (Added by Stats. 1957, Ch. 2237.) - 13141. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 8. Consents of Bondholders [13141 - 13142] ( Article 8 added by Stats. 1957, Ch. 2237. )
The board may include a bond-resolution rule that treats certain acts approved by 60% of bondholders as not violating Article 7 or related covenants.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 8. Consents of Bondholders [13141 - 13142] ( Article 8 added by Stats. 1957, Ch. 2237. ) ## 13141. The board may provide in the resolution authorizing the issue of any bonds under this chapter that any act consented to by the holders of 60 percent in aggregate principal amount of the outstanding bonds of any issue of bonds issued under this chapter, pursuant to provisions for such consents contained in any resolution of the board constituting a part of the proceedings for the issuance of such bonds, shall not, as to the bonds of that issue, be deemed an infringement of any of the provisions of Article 7 of this chapter, or of any covenant made pursuant thereto, whatever the character of such act may be. (Added by Stats. 1957, Ch. 2237.) - 13142. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 8. Consents of Bondholders [13141 - 13142] ( Article 8 added by Stats. 1957, Ch. 2237. )
The board may set terms for modifying bond-related provisions if the required bondholder percentage consents.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 8. Consents of Bondholders [13141 - 13142] ( Article 8 added by Stats. 1957, Ch. 2237. ) ## 13142. The board may provide in the resolution authorizing the issue of any bonds under this chapter the terms and conditions upon which any provision of any resolution of the board constituting a part of the proceedings for the issuance of such bonds, or any provision of such bonds or coupons appurtenant thereto, may be modified if consented to by the holders of any percentage, specified in such resolution authorizing the issue of such bonds, of the aggregate principal amount of the outstanding bonds of such issue. (Added by Stats. 1957, Ch. 2237.) - 13151. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may, in its discretion, provide for the matters in this article when issuing bonds under this chapter.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151. Without limiting in any way the generality of its power, the board is expressly authorized, in its discretion, to provide, in connection with any issue of bonds under this chapter all the matters contained in this article. (Added by Stats. 1957, Ch. 2237.) - 13151.1. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may set the amount, denomination, payment times, and form of bonds.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.1. The board may provide for such bonds being in such amounts, of such denominations, payable at such times, and in such form as the board may determine. (Added by Stats. 1957, Ch. 2237.) - 13151.10. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may sell bonds, but must give at least 10 days’ notice before sale and award bonds to the highest responsible bidder if satisfactory bids are received.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.10. The board may provide for the sale of any such bonds upon such terms and conditions as the board in its discretion may determine at public sale. Bonds may be sold by the board below the par or face value thereof, at a discount not to exceed 6 percent of par value; provided further, that in the case of refunding bonds the board may provide for the refunding being made, in whole or in part, by the exchange of such refunding bonds for the bonds to be refunded. Before selling the bonds, or any part thereof, the board shall give notice not less than 10 days prior to the date of sale by publication in a newspaper of general circulation circulating in the district inviting sealed bids in such manner as the board shall 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. (Amended by Stats. 1970, Ch. 245.) - 13151.11. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may authorize interim receipts or temporary bonds, and may set their form, until definitive bonds are issued.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.11. The board may provide for the issuance of interim receipts or of temporary bonds, in such form as the board may prescribe, pending the issuance of definitive bonds. (Added by Stats. 1957, Ch. 2237.) - 13151.12. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may allow signatures on bonds, related coupons, interim receipts, and temporary bonds to be made by facsimile.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.12. The board may provide for any signatures to such bonds and to any coupons thereto attached, and to any interim receipts and temporary bonds, being by facsimile. (Added by Stats. 1957, Ch. 2237.) - 13151.13. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may set restrictions on the district taking on additional indebtedness payable from the revenues used for the authorized bonds.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.13. The board may provide for restrictions on the incurring of additional indebtedness of the district payable out of the revenues out of which the bonds then authorized are to be payable. (Added by Stats. 1957, Ch. 2237.) - 13151.14. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may set restrictions on future transfers from revenues used to pay the authorized bonds.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.14. The board may provide for restrictions on future transfers out of the revenues out of which the bonds then authorized are to be payable. (Added by Stats. 1957, Ch. 2237.) - 13151.15. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may make bond covenants with bondholders, and those covenants cannot be altered or repealed except as Article 8 allows.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.15. The board may provide for covenants with the holders of bonds to the same effect as set forth in Article 7 of this chapter, which covenants shall not be subject to alteration or repeal, except as in Article 8 of this chapter provided. (Added by Stats. 1957, Ch. 2237.) - 13151.16. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may issue and distribute official statements about proposed bond issues and related project finances, and may publish factual statements for voters when a proposition is submitted for assent.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.16. The board may provide for the issuance and distribution in such form as the board may determine of official statements respecting proposed issues of bonds and the properties, operations and finances of the works on account of which such bonds are to be issued, for the information of prospective purchasers of such bonds; and, in any case where any proposition is to be submitted to the voters for their assent, whether by referendum or pursuant to any provision of this chapter, for the issuance, distribution, dissemination and publication of factual statements respecting such proposed issues of bonds, and such properties, operations and finances, for the information of such voters. (Added by Stats. 1957, Ch. 2237.) - 13151.17. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may arrange bond engraving or printing contracts without advertising for bids in certain public-interest situations, but should, if practicable, still seek competitive bids.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.17. The board may provide for the making of contracts, or the placing of orders, for the engraving or printing of any bonds, whether definitive or temporary, or of interim receipts, authorized by this chapter, or for any printing incident to the offering or issuance of any such bonds, without advertising for bids, in any case where, because of limitations of time, or requirements as to quality of work, or as to security in the control or custody of plates, or any similar cause, the board may deem it to be in the public interest so to do, anything in this division to the contrary notwithstanding, but in so doing the board shall, if practicable, obtain or cause to be obtained competitive bids, formal or informal, from bidders who can perform work of the required quality within the required time, and, in the case of engraving, who are of proper responsibility and who have adequate facilities for the control and safekeeping of the engraved plates. (Added by Stats. 1957, Ch. 2237.) - 13151.2. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may decide that the bonds are negotiable or nonnegotiable.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.2. The board may provide for such bonds being negotiable or nonnegotiable. (Added by Stats. 1957, Ch. 2237.) - 13151.3. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may set terms for bonds, including how interest and any redemption premiums are payable or collected.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.3. The board may provide for such bonds and the interest thereon, and premiums, if any, due upon the redemption of any thereof, being payable or collectible at any place or places, within or without the State of California, and without presentation and approval of demands. (Added by Stats. 1957, Ch. 2237.) - 13151.4. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may set bond features and terms, including bearer or registered form, coupons, exchangeability, convertibility, and reissuance or replacement of surrendered bonds or coupons.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.4. The board may provide for such bonds being payable to bearer or only to the registered holder, either as to principal alone, or as to both principal and interest; for such bonds being with or without coupons; for such bonds being nonregisterable, or registerable, either as to principal alone, or as to both principal and interest; for such bonds being exchangeable or nonexchangeable, convertible or nonconvertible; and for the reissuance of bonds or coupons which have been surrendered and preserved, or for the issuance of new bonds or coupons in the place of bonds or coupons which have been surrendered and canceled, wherever appropriate as incident to the discharge of any bond from registration, or to any exchange or conversion of any bond; all on such terms and conditions, and at such place or places, within or without the State of California, as the board may determine. (Added by Stats. 1957, Ch. 2237.) - 13151.5. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may make bonds redeemable, but only if each bond states on its face that it is redeemable when issued.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.5. The board may provide for such bonds being redeemable, either at the option of the district, or in the operation of any sinking fund provided for the issue, at such price or prices and in such manner as the board may determine, whether or not involving the payment of a premium upon such redemption; provided, that no bond shall be subject to redemption unless such bond at the time of its issue states on its face that it is redeemable at the option of the district or by the operation of a sinking fund for bonds of that issue, as the case may be. (Added by Stats. 1957, Ch. 2237.) - 13151.6. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may authorize a duplicate for a lost, destroyed, or mutilated bond, temporary bond, coupon, or interim receipt.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.6. The board may provide for the issuance by the district of a duplicate, in the manner and on such terms and conditions as the board may determine, in the event any bond, temporary bond, coupon or interim receipt of any such issue is lost, destroyed or mutilated. (Added by Stats. 1957, Ch. 2237.) - 13151.7. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may arrange for appointing and paying certain agents, trustees, or registrars.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.7. The board may provide for the appointment and payment of fiscal, paying, sinking fund or other agents, or of trustees or registrars. (Added by Stats. 1957, Ch. 2237.) - 13151.8. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may appoint the district treasurer to serve as a fiscal, paying, sinking fund, or other agent.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.8. The board may provide for the appointment of the treasurer of the district to act as such fiscal, paying, sinking fund or other agent. (Added by Stats. 1957, Ch. 2237.) - 13151.9. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
The board may arrange for the district to hold, deliver, and receive bonds and coupons, and to deposit sale proceeds in the proper fund or funds.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13151.9. The board may provide for the custody by the district of bonds and coupons, whether pending delivery or after purchase or surrender; for the delivery of bonds and coupons by the district to the purchaser thereof; for the receipt by the district of the proceeds of the sale and for the depositing of such proceeds in the proper fund or funds. (Added by Stats. 1957, Ch. 2237.) - 13152. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. )
Bonds issued under this chapter must meet specified form and repayment requirements.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 9. Form and Content [13151 - 13152] ( Article 9 added by Stats. 1957, Ch. 2237. ) ## 13152. Each issue of bonds issued pursuant to this chapter shall conform to the following requirements: (1) Such bonds shall be serial bonds or sinking fund bonds, or a combination of serial and sinking fund bonds. (2) Provision shall be made for the retirement of such bonds through annual payments on principal, and such payments shall begin not more than 10 years, and end not more than 20 years, after the date of such bonds. (Added by Stats. 1957, Ch. 2237.) - 13161. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. )
Before issuing bonds under this chapter, the board must make specified findings by resolution.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. ) ## 13161. Prior to the issue of any bonds to be issued pursuant to this chapter, the board, after satisfying itself respecting the relevant facts, shall, by resolution, find and determine— (1) The amount of earned surplus derived from the operation of the electric system of the district to which the revenues out of which such bonds are to be payable pertain, as of the end of the last fiscal year which ended not less than four months prior to the making of such finding and determination, and that the ascertainment of such earned surplus has been in accordance with the then current accounting practice of the district; provided, however, that such finding and determination need not be made in the case of the authorization of refunding bonds, or in any case where the voters have assented to the issuance of bonds in excess of the limitation specified in this chapter. (2) The amount of bonds issued under this chapter which are outstanding at the time of the adoption of such resolution. (3) That the resolution or resolutions authorizing such issue of bonds in all respects conforms or conform with the provisions of this chapter. (4) That the indebtedness to be evidenced by such issue of bonds, together with all other indebtedness of the district, pertaining to the electric system for or on account of which such bonds are to be issued, is within every debt or other limit prescribed by the Constitution and statutes of the State of California. (5) That upon the issuance of such bonds any and all acts, conditions and things required to exist, to happen and to be performed, precedent to and in the issuance thereof, will exist, will have happened and will have been performed, in due time, form and manner, as required by the Constitution and statutes of the State of California. (Amended by Stats. 1962, 1st Ex. Sess., Ch. 6.) - 13162. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. )
The board may adopt a resolution to find and determine other facts relevant to whether the issue is lawful.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. ) ## 13162. The board may also, by resolution, find and determine any other facts relevant to the legality of the issue. (Added by Stats. 1957, Ch. 2237.) - 13163. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. )
The board may direct that bonds include a certification and recital about required acts, conditions, and debt-limit compliance.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. ) ## 13163. The board, by resolution adopted in connection with any issue of bonds pursuant to this chapter, may direct that there shall be included in each of the bonds of that issue a certification and recital that any and all acts, conditions and things required to exist, to happen and to be performed, precedent to and in the incurring of the indebtedness evidenced by that bond, and in the issuing of said bond, exist, have happened and have been performed in due time, form and manner, as required by the Constitution and statutes of the State of California, and that said bond, together with all other indebtedness of the district pertaining to the electric system for or on account of which the indebtedness evidenced by said bond was incurred, is within every debt and other limit prescribed by the Constitution and statutes of the State of California. (Added by Stats. 1957, Ch. 2237.) - 13164. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. )
After bonds are issued, the board’s findings for that bond issue are conclusive evidence, and a bona fide purchaser of a bond with the permitted certification does not have to verify certain facts, conditions, proceedings, or how the purchase price is used.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. ) ## 13164. From and after the issuance of any issue of bonds the findings and determinations of the board respecting that issue made pursuant to this article shall be conclusive evidence of the existence of the facts so found and determined in any action or proceeding in any court in which the validity of such bonds is at issue, and no bona fide purchaser of any such bond containing the certification and recital permitted by this article shall be required to see to the existence of any fact, or to the performance of any condition, or the taking of any proceeding, required prior to such issue, or to the application of the purchase price paid for such bonds. (Added by Stats. 1957, Ch. 2237.) - 13165. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. )
This section says bonds count as issued once they are delivered to purchasers and the purchase price is received, or, for refunding bonds exchanged through exchange, once the exchange is completed.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. ) ## 13165. Bonds shall be deemed to be issued, within the meaning of this article whenever the definitive bonds, or any temporary bonds or interim receipts exchangeable therefor, have been delivered to the purchasers thereof, and the purchase price thereof received, or in the case of bonds to be refunded through exchange, whenever such exchange has been made. (Added by Stats. 1957, Ch. 2237.) - 13166. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. )
Bonds issued under this chapter remain valid despite conflicting provisions elsewhere in the division, and they become incontestable after the district receives the purchase price.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 10. Validity [13161 - 13166] ( Article 10 added by Stats. 1957, Ch. 2237. ) ## 13166. The validity of bonds reciting that they have been issued pursuant to this chapter shall not be affected by any provision or limitation contained in any other section or sections of this division. All bonds issued under this chapter shall be incontestable from and after the time of payment to the district of the purchase price thereof. (Added by Stats. 1957, Ch. 2237.) - 13171. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. )
Accrued interest received from selling bonds under this chapter must be used to pay interest on or principal of those bonds.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. ) ## 13171. All sums received as accrued interest on the sale of any issue of bonds issued pursuant to this chapter shall be applied to the payment of interest on or principal of bonds of that issue. (Added by Stats. 1957, Ch. 2237.) - 13172. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. )
Bond sale proceeds and premiums must be used for the purposes of the bonds, and the board may allow some proceeds to pay interest during construction for up to three years.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. ) ## 13172. All sums received as principal and premiums on the sale of any issue of bonds shall be applied to the purposes for which such bonds were issued. The board may provide in the resolution authorizing the issue of any bonds under this chapter that any portion of the proceeds of sale of the bonds may be applied to payment of interest during construction for a period of not to exceed three years from and after the date of such bonds. (Added by Stats. 1957, Ch. 2237.) - 13173. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. )
The board may create and maintain separate funds in the district treasury for bond proceeds.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. ) ## 13173. The board may from time to time establish and maintain a separate fund or funds in the district treasury for the purpose of insuring the application of such proceeds received as principal on the sale of any issue of bonds to the purposes for which the same were issued. (Added by Stats. 1957, Ch. 2237.) - 13174. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. )
Money placed in a separate fund must stay there until spent for the bond purpose, and it cannot be used for any other purpose except temporary investment or transfer to another like fund for the same bond issue.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. ) ## 13174. Money set aside and placed in any such separate fund shall remain therein until from time to time expended for the purposes for which such bonds were issued, including the reimbursement of other funds of the district for expenditures therefrom for purposes for which such bonds were issued, made after the adoption by the board of the preliminary resolution of intention provided for in Section 13101, and shall not be used for any other purpose whatsoever, except for temporary investment thereof as provided in this division; provided, however, that money may be paid or transferred from any such separate fund, in furtherance of the purpose of its establishment, to any other such separate fund established for a like purpose in connection with the same issue of bonds. (Amended by Stats. 1962, 1st Ex. Sess., Ch. 6.) - 13175. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. )
Money in the separate fund may be drawn only on demands signed by the district accountant.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. ) ## 13175. Money in any such separate fund shall be drawn therefrom only upon demands authenticated by the signature of the accountant of the district. (Added by Stats. 1957, Ch. 2237.) - 13176. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. )
If the board finds bond proceeds can’t be spent as intended, it may use them to buy, pay, or redeem those bonds, pay related interest or premiums, or use them for another authorized purpose.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. ) ## 13176. If the board shall determine by resolution that the expenditure of the whole or any portion of the said principal sum of any issue of bonds for the purpose for which such bonds were issued is impracticable or unwise, the board may— (1) Apply such money or any part thereof to the purchase of bonds of that issue, or to the payment of any such bonds, at maturity or on redemption, or to the payment of interest thereon or of premiums due on the redemption thereof; or (2) Apply such money or any part thereof to any new purpose which is within the purposes for which bonds might be issued under the terms of this chapter; provided, however, that before applying any of such money to such new purpose the board shall adopt a resolution specifying such new purpose, the amount of such money to be applied thereto, and authorizing such application, which resolution shall be subject to the same procedures, and take final effect only in the same manner, as if it were a resolution adopted pursuant to Section 13091, authorizing the issuance of bonds for such new purpose, and such resolution authorizing such application to such new purpose, when it shall have taken final effect under such procedures, shall be sufficient authority for the application of such money to such new purpose. (Added by Stats. 1957, Ch. 2237.) - 13177. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. )
If unused bond proceeds remain after the bond purpose is completed, the board may direct how to use the excess.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 11. Proceeds [13171 - 13177] ( Article 11 added by Stats. 1957, Ch. 2237. ) ## 13177. If any excess of the principal sum of the proceeds of any issue of bonds shall remain unexpended after the full accomplishment of the purpose for which such bonds were issued the board, by resolution, may direct that the same shall be applied to the purchase of bonds of that issue, or to the payment of any such bonds, at maturity or on redemption, or to the payment of interest thereon or of premiums due on the redemption thereof, or that it shall be transferred to the revenues pertaining to the electric system in connection with which such bonds were issued. (Added by Stats. 1957, Ch. 2237.) - 13181. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 12. Short Term Borrowing [13181 - 13184] ( Article 12 added by Stats. 1957, Ch. 2237. )
A district may borrow money for chapter purposes and issue and sell notes or other evidence of the debt, if it acts by resolution and the public interest and necessity require it.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 12. Short Term Borrowing [13181 - 13184] ( Article 12 added by Stats. 1957, Ch. 2237. ) ## 13181. A district may also have the power to borrow money from time to time for any or all of the purposes specified in this chapter, and to issue and sell notes, or other evidences, to evidence the indebtedness created by such borrowing, by resolution subject to referendum as provided in Section 13103, whenever they shall find and determine that the public interest and necessity require the exercise of that power. (Added by Stats. 1957, Ch. 2237.) - 13182. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 12. Short Term Borrowing [13181 - 13184] ( Article 12 added by Stats. 1957, Ch. 2237. )
Notes or other evidences of indebtedness issued under this article must include a recital on their face that they were issued under the article, and they must be payable within three years of their date.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 12. Short Term Borrowing [13181 - 13184] ( Article 12 added by Stats. 1957, Ch. 2237. ) ## 13182. All notes or other evidences of indebtedness issued under the authority of this article shall contain upon their face a recital that they are so issued and shall be payable in not to exceed three years from their date. (Added by Stats. 1957, Ch. 2237.) - 13183. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 12. Short Term Borrowing [13181 - 13184] ( Article 12 added by Stats. 1957, Ch. 2237. )
Borrowing under this article is limited so the total outstanding amount cannot exceed 50% of gross operating revenues from the relevant works in the preceding fiscal year.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 12. Short Term Borrowing [13181 - 13184] ( Article 12 added by Stats. 1957, Ch. 2237. ) ## 13183. No amount shall be borrowed under the authority of this article which when added to the amount of all other notes or other evidences of indebtedness issued under this article and then outstanding shall exceed 50 percent of the gross operating revenues from the works on account of which it is borrowed during the preceding fiscal year. (Added by Stats. 1957, Ch. 2237.) - 13184. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 12. Short Term Borrowing [13181 - 13184] ( Article 12 added by Stats. 1957, Ch. 2237. )
Provisions from this chapter apply to notes or other evidences issued under this article, unless a provision is inconsistent with the article or made inapplicable by its terms.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Electric System Improvements [13071 - 13193] ( Chapter 6.5 added by Stats. 1957, Ch. 2237. ) ## ARTICLE 12. Short Term Borrowing [13181 - 13184] ( Article 12 added by Stats. 1957, Ch. 2237. ) ## 13184. All of the provisions of this chapter not inconsistent with the terms of this article, and not by their terms made inapplicable thereto, shall apply to all notes, or other evidences, issued under the authority of this article. (Added by Stats. 1957, Ch. 2237.) - 132000. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. )
This chapter may be cited as the San Diego County Regional Transportation Commission Act.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132000. This chapter shall be known and may be cited as the San Diego County Regional Transportation Commission Act. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132001. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. )
The Legislature finds that alternative financing methods are needed for transportation facilities in San Diego County, and that voters should be allowed to create a regional transportation commission.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132001. The Legislature hereby finds and declares all of the following: (a) Recognizing the scarcity of resources available for all transportation development, alternative methods of financing provided in this chapter are needed to finance the cost of maintaining, acquiring, constructing, and developing facilities for transportation systems in the County of San Diego and these methods will increase economic opportunities, contribute to economic development, be in the public interest and serve a public purpose, and promote the health, safety, and welfare of the citizens within the County of San Diego. (b) It is in the public interest to allow the voters of San Diego County to create the San Diego County Regional Transportation Commission so that local decisions can be implemented in a timely manner to provide improvements to the transportation system. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132002. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. )
This section defines “bonds” to include indebtedness and a broad range of securities, such as notes, bond anticipation notes, and commercial paper.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132002. “Bonds” means indebtedness and securities of any kind or class, including bonds, notes, bond anticipation notes, and commercial paper. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132003. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. )
“Commission” means the San Diego County Regional Transportation Commission created under this chapter in San Diego County.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132003. “Commission” means the San Diego County Regional Transportation Commission created pursuant to this chapter in the County of San Diego. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132004. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. )
This section defines “County” as the County of San Diego.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132004. “County” means the County of San Diego. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132005. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. )
This section defines “San Diego Association of Governments” and gives its powers and duties to any successor entity that takes over its functions.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132005. “San Diego Association of Governments” means the joint powers agency established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code which is the transportation planning agency for the San Diego County region. Any board, commission, department, or officer succeeding to the functions of the association is granted the powers and duties of the association under this chapter. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132006. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. )
This section defines “transit development boards” as two named transit boards.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132000 - 132006] ( Article 1 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132006. “Transit development boards” means the San Diego Metropolitan Transit Development Board and the North San Diego County Transit Development Board. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 13201. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
A district may incur bonded indebtedness for specified utility and property-related purposes under this chapter.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13201. A district may from time to time incur a bonded indebtedness as provided in this chapter to pay the cost of acquiring, constructing, or completing the whole or any portion of any utility or works referred to in this division, or for acquiring any works, lands, structures, rights, or other property necessary or convenient to carry out the objects, purposes, or powers of the district. (Enacted by Stats. 1951, Ch. 764.) - 13202. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
The board may put a bonded indebtedness proposition to district voters at a special bond election if it first approves a resolution by two-thirds vote and finds the project is needed and too costly for ordinary annual income.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13202. Whenever the board by resolution passed by vote of two-thirds of all its members determines that the public interest or necessity demands the acquisition, construction, or completion by the district of any public utility or utilities referred to in this division or any works, lands, structures, rights, or other property necessary or convenient to carry out the objects, purposes, or powers of the district, the cost of which will be too great to be paid out of the ordinary annual income and revenue of the district, it may at any subsequent meeting of the board provide for the submission of the proposition of incurring a bonded indebtedness for the purpose set forth in the resolution to the voters of the district at a special bond election held for that purpose. (Enacted by Stats. 1951, Ch. 764.) - 13203. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
The district’s voters may start bond-issuance proceedings by petition, instead of using a board resolution.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13203. In lieu of a resolution passed by the board, proceedings for the issuance of bonds for the purposes provided in this chapter may be initiated by petition of the voters of the district. (Enacted by Stats. 1951, Ch. 764.) - 13204. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
If a qualifying petition is presented to the board, the district secretary must immediately verify the signatures and certify the result to the board.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13204. Whenever any petition signed by voters within the district equal in number to at least 15 percent of the total vote cast is presented to the board asking for the acquisition, construction, or completion of the whole or any portion of any utility or works referred to in this division or for acquiring any works, lands, structures, rights, or other property necessary or convenient to carry out the objects, purposes, or powers of the district, and also asking that a bonded indebtedness be incurred to pay for the cost thereof, the secretary of the district shall immediately examine and verify the signatures of the petition and certify the result of the examination to the board. (Enacted by Stats. 1951, Ch. 764.) - 13205. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
If the required signatures are genuine, the secretary must send the board an authentic copy of the petition without the signatures.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13205. If the required number of signatures is found to be genuine, the secretary shall transmit to the board an authentic copy of the petition without the signatures. (Enacted by Stats. 1951, Ch. 764.) - 132050. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 2. Creation of the Commission [132050 - 132053] ( Article 2 added by Stats. 1985, Ch. 1576, Sec. 23. )
This section creates the San Diego County Regional Transportation Commission in the county.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 2. Creation of the Commission [132050 - 132053] ( Article 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132050. There is hereby created the San Diego County Regional Transportation Commission in the county. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132051. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 2. Creation of the Commission [132050 - 132053] ( Article 2 added by Stats. 1985, Ch. 1576, Sec. 23. )
The Board of Directors of the San Diego Association of Governments must serve as the San Diego County Regional Transportation Commission.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 2. Creation of the Commission [132050 - 132053] ( Article 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132051. The Board of Directors of the San Diego Association of Governments shall serve as the San Diego County Regional Transportation Commission. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132052. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 2. Creation of the Commission [132050 - 132053] ( Article 2 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may not hire its own staff; it must use San Diego Association of Governments staff and compensate that organization for those services.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 2. Creation of the Commission [132050 - 132053] ( Article 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132052. The commission shall not hire a staff, but shall use the staff of the San Diego Association of Governments and shall compensate the San Diego Association of Governments for the use of staff services as set forth in Section 132103. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132053. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 2. Creation of the Commission [132050 - 132053] ( Article 2 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may authorize payment of tax proceeds to its members and alternates, and members who attend meetings may be paid $100 per day, subject to a five-meeting-per-quarter cap.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 2. Creation of the Commission [132050 - 132053] ( Article 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132053. On and after a transactions and use tax is imposed pursuant to Article 5 (commencing with Section 132300), the commission may authorize payment from the proceeds of the tax to members of the commission and alternates for serving on the commission. If so authorized, each member of the commission, including alternate members when serving in the absence of a regular member, shall be paid one hundred dollars ($100) for each day the member attends meetings of the commission and committees of the commission, but not to exceed five meetings in any one quarter, and his or her necessary and reasonable expenses in performing his or her duties as a commission member. (Added by Stats. 1987, Ch. 222, Sec. 1.) - 13206. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
After receiving a petition certified by the secretary as having the required number of signatures, the board must prepare a bonded-indebtedness proposition for a special bond election.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13206. Upon receiving a petition with the certificate of the secretary stating that it contains the required number of signatures, the board shall formulate for submission to the voters of the district at a special bond election called for that purpose the proposition of incurring a bonded indebtedness for the purposes set forth in the petition. In its discretion the board may defer the calling of the election until the next general election to be held in the district in order to consolidate them. (Enacted by Stats. 1951, Ch. 764.) - 13207. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
An ordinance calling a special bond election must set the election date and method, state the purpose and estimated cost of the project, and recite the principal amount and interest rate unless the rate is 4.5% or less.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13207. The ordinance calling a special bond election shall fix the date on which the election will be held, and the manner of holding the election and of voting for or against incurring the indebtedness. It shall also recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the utility, works, lands, structures, rights, or other property proposed to be acquired, constructed, or completed, the amount of the principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on the indebtedness, which shall not exceed 8 percent per annum, payable semiannually. If, however, the rate of interest to be paid on the indebtedness does not exceed 41/2 percent per annum, payable semiannually, the rate of interest need not be recited in the ordinance. (Amended by Stats. 1975, Ch. 130.) - 13208. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Propositions to incur indebtedness for more than one object or purpose may be submitted at the same election.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13208. Propositions for incurring indebtedness for more than one object or purpose may be submitted at the same election. (Enacted by Stats. 1951, Ch. 764.) - 13209. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Special bond elections must be scheduled and, in some cases, consolidated with other elections depending on the year and type of election.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13209. All special bond elections held in even-numbered years shall be consolidated with the direct primary or general election. All special bond elections held in odd-numbered years shall be held on the first Tuesday after the first Monday in November and may be held separately, or may be consolidated with any other election authorized by law at which the voters of the district may vote. When a special bond election is consolidated with a statewide primary or a general election, the board shall in the ordinance calling the special bond election consolidate it with the statewide primary or the general election to be held at the same time in the respective counties in which the district is located and authorize the respective boards of supervisors to canvass the returns and certify the result of the canvass to the board; it shall be the duty of the board or boards of supervisors to so consolidate the election, canvass the returns, and cause the result thereof to be properly certified to the board. If a special bond election is consolidated with any other election, the provisions of this chapter setting forth the procedure for the calling and holding of the special bond election shall be complied with, except that the ordinance calling the election need not set forth the election precincts, polling places, and officers of election, but may provide that the precincts, polling places, and officers of election shall be the same as those set forth in the ordinance, notice, or other proceedings calling the election with which the special bond election is consolidated, and shall refer to the ordinance, notice, or other proceedings by number and title, or by other definite description. (Amended by Stats. 1971, Ch. 412.) - 13210. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
The ordinance must be published, and no additional notice of the election is required.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13210. The ordinance shall be published, and no other notice of election need be given. (Enacted by Stats. 1951, Ch. 764.) - 132100. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission must follow the joint powers agreement, bylaws, and other rules and regulations of the San Diego Association of Governments for its proceedings and administration, unless this chapter says otherwise.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132100. The joint powers agreement, bylaws, and all rules and regulations of the San Diego Association of Governments shall be the established rules for the proceedings and administration of the commission except as provided otherwise in this chapter. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132101. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission must hold meetings at least once a year, and more often if it decides that is necessary.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132101. Meetings of the commission shall be held at least annually and as often as determined necessary by the commission. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132102. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission must express its acts by motion, resolution, or ordinance.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132102. The acts of the commission shall be expressed by motion, resolution, or ordinance. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132103. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may spend only the amount of funds generated under this chapter that is necessary and reasonable for specified administrative and support expenses.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132103. The commission shall expend only that amount of the funds generated pursuant to this chapter for staff support, audit, administrative expenses, and contract services that are necessary and reasonable to carry out its responsibilities pursuant to this chapter. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132104. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission must adopt an annual budget, have its financial records and revenues postaudited at least annually by a certified public accountant, and do whatever is necessary to carry out this chapter.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132104. The commission shall do all of the following: (a) Adopt an annual budget. (b) Cause a postaudit of the financial transactions and records of the commission and of all revenues expended pursuant to this chapter to be made at least annually by a certified public accountant. (c) Do any and all things necessary to carry out the purposes of this chapter. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132105. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission must publish notice of the public hearing for the annual budget at least 15 days before the hearing, and the proposed budget must be available for public inspection at least 15 days before the hearing.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132105. (a) The commission shall publish, pursuant to Section 6061 of the Government Code, notice of the time and place of the public hearing for the adoption of the annual budget not later than 15 days prior to the date of the hearing. (b) The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132106. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission’s initial meeting must be held in San Diego when called by the San Diego Association of Governments’ board.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 3. Administration [132100 - 132106] ( Article 3 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132106. The initial meeting of the commission shall be held in the City of San Diego when called by the Board of Directors of the San Diego Association of Governments in order to approve a transactions and use tax ordinance and ballot proposition and call an election in accordance with Article 5 (commencing with Section 132300). (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 13211. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Bonds under this chapter may be issued only if two-thirds of the voters voting on the proposition at the election vote to authorize them.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13211. The votes of two-thirds of all the voters voting on the proposition at the election are required to authorize the issuance of bonds under this chapter. (Amended by Stats. 1974, Ch. 761.) - 13212. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. )
If a special bond election fails, the board cannot hold another substantially similar special election within six months unless a qualifying petition is filed.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Issuance [13201 - 13212] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13212. If the proposition submitted at a special bond election fails to receive the requisite number of votes, the board shall not within six months after the election hold another special election for the submission of a proposition of incurring a bonded indebtedness substantially the same as the proposition voted upon at the prior election unless a petition signed by voters within the district equal in number to at least 15 percent of the total vote cast is filed with the board, requesting that the proposition, or a proposition substantially the same, be submitted at an election to be called for that purpose. (Enacted by Stats. 1951, Ch. 764.) - 132200. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may adopt a seal and change it whenever it chooses.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132200. The commission may adopt a seal and alter it at its pleasure. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132201. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may sue and be sued in competent courts and tribunals, unless another law provides otherwise.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132201. The commission may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all court and tribunals of competent jurisdiction. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132202. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. )
Claims for money or damages against the commission are governed by the Government Code claims rules, unless another applicable statute or regulation says otherwise.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132202. All claims for money or damages against the commission 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. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132203. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may make contracts, enter into stipulations, and do other acts necessary and convenient to carry out its chapter powers.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132203. The commission may make contracts and enter into stipulations of any nature whatsoever, including, but not limited to, contracts and stipulations to indemnify and hold harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this chapter. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132204. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may enter contracts with U.S. departments or agencies, public agencies, or any person if it decides the terms are in its best interest.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132204. The commission may contract with any department or agency of the United States of America, with any public agency, including, but not limited to, the Department of Transportation, the San Diego Association of Governments, or any transit development board, county, or city, or with any person upon any terms and conditions that the commission finds is in its best interest. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132205. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may provide and maintain a security force.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 4. Powers and Functions [132200 - 132205] ( Article 4 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132205. The commission may provide and maintain, by contract with a public agency or by other means, a security force to enforce its regulations, preserve and protect any public transit system or project financed pursuant to this chapter, and preserve and protect the public peace, health, and safety with respect to its system or projects. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132300. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
This section states that the added funds from this article are meant to supplement existing local revenues for public transportation purposes, and it encourages government agencies to keep using local funds for that purpose.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132300. The Legislature, by the enactment of this article, intends the additional funds provided government agencies by this article to supplement existing local revenues being used for public transportation purposes. The government agencies are further encouraged to maintain their existing commitment of local funds for public transportation purposes. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132301. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may impose a retail transactions and use tax only if two-thirds of voting electors in the affected portion approve it at a special election.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132301. (a) A retail transactions and use tax ordinance applicable to the entirety of, or a portion of, the incorporated and unincorporated territory of the county shall be imposed by the commission in accordance with Section 132307 and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), if two-thirds of the electors voting on the measure within the portion of the county to which the tax would apply, vote to approve its imposition at a special election called for that purpose by the commission. The tax ordinance shall take effect at the close of the polls on the day of election at which the proposition is adopted. The initial collection of the transactions and use tax shall take place in accordance with Section 132304. (b) If, at any time, the voters do not approve the imposition of the tax, this chapter remains in full force and effect. The commission may, at any time thereafter, submit the same, or a different, measure to the voters in accordance with this chapter. (c) The portion of the county to which the tax would apply shall be determined by the commission before the electors vote on the measure. (d) If the tax only applies to a portion of the county, both of the following shall apply: (1) (A) The incorporated area of each city and of contiguous cities within the county shall be either wholly included within that portion or wholly excluded from that portion. For purposes of this subparagraph, “contiguous cities” means two or more cities with shared borders. (B) The entire unincorporated area of the commission shall either be wholly included within that portion or wholly excluded from that portion. (2) (A) The commission shall not enter into a construction contract over one million dollars ($1,000,000) that would be in part or wholly financed through the tax with any entity unless the entity provides to the commission an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (B) This paragraph shall not apply if any of the following requirements are met: (i) The commission has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project. (ii) The commission has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement. (iii) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the commission before January 1, 2019. (iv) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce. (C) For purposes of this paragraph, “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (e) The revenues derived from the tax shall be spent within, or for the benefit of, the portion of the county to which the tax applies, and shall be spent only on transportation and transit infrastructure and services. (f) Any revenues derived from the tax shall supplement, and not supplant, other transportation revenues available to the portion of the county to which the tax applies. (g) As used in this section, “commission” shall refer to the consolidated agency if the tax is to be imposed by the consolidated agency pursuant to Section 132360.6. (Amended by Stats. 2019, Ch. 758, Sec. 10. (AB 1413) Effective January 1, 2020.) - 132302. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission must describe the tax, its rate or maximum rate, and how the revenue will be used in the ordinance, and it may set a tax term.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132302. The commission, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, and may set a term during which the tax will be imposed. The purposes for which the tax revenues will be used may include, but are not limited to, the administration of this chapter, including legal actions related thereto, the construction, capital acquisition, maintenance, and operation of streets, roads, and highways, including state highways, and the construction, maintenance, and operation of public transit systems, including exclusive public mass transit guideway systems. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The ordinance shall contain an expenditure plan which shall include the allocation of revenues for the purposes authorized by this section. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132303. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The county must conduct an election when the commission calls it under Section 132301.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132303. (a) The county shall conduct an election called by the commission pursuant to Section 132301. (b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132304. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
A transaction and use tax ordinance becomes operative more than 110 days after adoption, and before that date the commission must contract with the State Board of Equalization to administer and operate the ordinance.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132304. (a) Any transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 110 days after adoption of the ordinance. (b) Prior to the operative date of the ordinance, the commission shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance. (Amended by Stats. 2008, Ch. 83, Sec. 2. Effective January 1, 2009.) - 132305. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may allocate tax revenues for public transportation purposes if the allocation is consistent with the adopted regional transportation improvement program and the regional transportation plan.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132305. The revenues from the taxes imposed pursuant to this article may be allocated by the commission for public transportation purposes consistent with the adopted regional transportation improvement program and the regional transportation plan. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132306. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
If taxes are imposed for public transit purposes, the commission must allocate the resulting revenues to the transit development boards.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132306. If taxes are imposed pursuant to this article for expenditure for public transit purposes, the commission shall allocate revenues derived therefrom to the transit development boards for allocation within their respective areas of jurisdiction for transit purposes consistent with the adopted regional transportation improvement program and the regional transportation plan. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132307. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may set and increase a local transactions and use tax rate only within the limits and approval conditions stated here.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132307. (a) The commission, subject to the approval of the voters within the portion of the county to which the tax would apply, may impose a maximum tax rate of 1 percent under this chapter and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), and the commission may state the maximum tax rate in terms of not to exceed 1 percent, or any lesser percentage thereof. The commission shall not levy the tax at a rate other than 1 percent or three-fourths, one-half, or one-fourth of 1 percent, unless specifically authorized by the Legislature. (b) The tax rate adopted pursuant to this article, unless otherwise prohibited, may be increased by the commission by ordinance adopted in the manner and by the vote stated in Section 132301 and approved by a majority of the electors voting on the measure at an election called for that purpose by the commission. (Amended by Stats. 2019, Ch. 758, Sec. 11. (AB 1413) Effective January 1, 2020.) - 132308. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may lower the tax rate, and may raise it again if it was previously lowered, but not above the voters’ approved rate.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132308. The commission may reduce a tax rate to percentages lower than that approved by the voters and may further provide for an increase of the tax rate if it has previously been lowered. However, the tax rate may not be increased to a rate above the tax rate approved by the voters. Any revised tax rate may be adopted only if the commission determines, by a two-thirds vote, that the proceeds of the taxes with the altered tax rate will be sufficient to provide for the payment of principal of, and interest on, any limited tax bonds and any other indebtedness incurred by the commission which was to be payable from the proceeds of the retail transactions and use tax. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132309. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission must seek voter authorization to issue bonds from tax proceeds and set its appropriations limit. The bonded debt cannot exceed the bond principal plus interest or the estimated tax proceeds over the authorized tax period.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132309. (a) The commission, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, shall seek authorization to issue bonds payable from the proceeds of the tax and establish the appropriations limit of the commission. (b) The maximum bonded indebtedness which may be outstanding at any one time shall be an amount equal to the sum of the principal of, and interest on, the bonds, but not to exceed the estimated proceeds of the transactions and use tax for a period of not more than the number of years for which the transactions and use tax authorized by this article is to be imposed. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132310. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may issue voter-authorized limited tax bonds and may secure them with revenues from the tax.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132310. (a) The bonds authorized by the voters concurrently with the approval of the retail transactions and use tax may be issued by the commission at any time, and from time to time, payable from the proceeds of the tax. The bonds shall be referred to as “limited tax bonds.” The bonds may be secured by a pledge of revenues from the proceeds of the tax. (b) The pledge of retail transactions and use taxes to the limited tax bonds authorized under this article shall have priority over the use of any of the taxes for “pay-as-you-go” financing, except to the extent that the priority is expressly restricted in the resolution authorizing the issuance of the bonds. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132310.5. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may set a variable interest rate on bonds and decide how and when that rate changes and when interest is paid.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132310.5. The commission may provide for the bonds to bear a variable interest rate, for the manner and intervals in which the rate shall vary, and for the dates on which the interest shall be payable. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132311. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may issue bonds, but it must do so by resolution and include specified details such as purpose, principal amount, term, interest rate, and discount.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132311. Limited tax bonds shall be issued pursuant to a resolution adopted at any time, and from time to time, by the commission by a two-thirds vote of all members of the commission. The commission may from time to time issue bonds in accordance with 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), for the purposes set forth in the ordinance adopted pursuant to Section 132302, which shall constitute an “enterprise” within the meaning of Section 54309 of the Government Code. Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code and the limitations on the rate of interest set forth in subdivision (b) of Section 54402 of the Government Code do not apply to the issuance and sale of bonds pursuant to this chapter. Instead, the commission shall authorize the issuance of bonds by resolution, which resolution shall specify all of the following: (a) The purposes for which the bonds are to be issued. (b) The maximum principal amount of the bonds. (c) The maximum term for the bonds. (d) The maximum rate of interest to be payable upon the bonds shall not exceed the maximum rate permitted for bonds of the commission by Section 53531 of the Government Code or any other applicable provisions of law. In the case of bonds bearing a variable interest rate, the variable rate shall on no day exceed the maximum rate permitted for bonds of the commission on that day by Section 53531 of the Government Code or any other applicable provisions of law. However, the variable interest rate so permitted may on any day exceed that maximum rate if the interest paid on the bonds from their date of original issuance to that day does not exceed the total interest which would have been permitted to have been paid on the bonds if the bonds had borne interest at all times from the date of issuance to that day at the maximum rate permitted from time to time by Section 53531 of the Government Code or any other applicable provisions of law. (e) The maximum discount on the sale of the bonds. However, the bonds shall not be sold at less than 95 percent of the principal amount in the manner determined by the commission. Each resolution shall provide for the issuance of bonds in the amounts as may be necessary, until the full amount of the bonds authorized has been issued. The full amount of bonds may be divided into two or more series with different dates of payment fixed for the bonds of each series. A bond need not mature on its anniversary date. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132312. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
Bonds issued under this article are treated as legal investments and may be used as security in the situations described here.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132312. Any bonds issued pursuant to this article are a legal investment for all trust funds; for the funds of insurance companies, commercial and savings banks, 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, counties, school districts, or other districts within the state, those funds may be invested in the bonds issued pursuant to this article, and whenever bonds of cities, 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 money, the bonds issued pursuant to this article may be so used. The provisions of this article are 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. 1985, Ch. 1576, Sec. 23.) - 132313. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
A challenge to the ordinance, related bonds, or related proceedings must be filed within six months after the election approves the ordinance.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132313. Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at wich the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132314. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. )
The commission may not impose any tax other than the transactions and use tax approved by the voters under this chapter.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 5. Transactions and Use Tax [132300 - 132314] ( Article 5 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## 132314. The commission has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this chapter. (Added by Stats. 1985, Ch. 1576, Sec. 23.) - 132320. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. )
This section defines what it means to expand, extend, or increase a transactions and use tax, and explains what “property” and “purposes” include for spending tax revenue.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. ) ## 132320. For the purposes of this article, the following terms have the following meanings: (a) To “expand” the transactions and use tax means to expand the purposes for which the revenue derived from the tax may be expended to include covering the costs of implementation of the regional comprehensive plan as referenced in Article 6.5 (commencing with Section 132360). These projects shall be limited to mitigation of impacts related to growth, maximizing the efficiency of regional transportation and transit systems, and funding of regional projects that integrate land uses, transportation systems, infrastructure needs, and public investment strategies, within a regional framework. Projects shall be limited to any or all of the following: (1) Acquisition, management, maintenance, and monitoring of natural habitat and open space, and other projects that implement protection and preservation programs consistent with adopted natural community conservation plans and habitat conservation plans. (2) Development and implementation of watershed management. (3) Construction, repair, replacement, and maintenance of stormwater management and conveyance systems, and water quality improvement programs or projects. (4) Construction, acquisition, maintenance, monitoring, and operation of beach sand replenishment projects. (5) Funding of operations and maintenance costs for public transit projects that maximize mobility and transportation choices. (b) To “extend” the transactions and use tax means to extend the imposition of the tax beyond any term stated in the tax ordinance originally imposing the tax. (c) To “increase” the transactions and use tax means to increase the tax rate or the maximum tax rate authorized in the tax ordinance originally imposing the tax to an amount that does not exceed the maximum tax rate authorized under Section 132307. (d) The term “property” with regard to real property may include severable appurtenant real property rights such as easements, permits, and leases. (e) The “purposes” for which revenue derived from the transactions and use tax may be expended, in addition to the other purposes listed in this article and in Article 5 (commencing with Section 132300), include funding one or more grants to provide funding mechanisms for purchases of property or long-term management and monitoring of projects authorized by this section. Recipients of those grants shall be required to meet the applicable conditions of Section 132321. (Amended by Stats. 2008, Ch. 83, Sec. 4. Effective January 1, 2009.) - 132321. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. )
The commission may transfer certain conservation or mitigation property and may award related grants, but transferees and grantees must follow detailed use, filing, audit, and reporting requirements.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. ) ## 132321. (a) The commission may, upon terms, standards, and conditions approved by the commission, transfer environmental mitigation or conservation property to a public agency or to a nonprofit corporation that is qualified pursuant to Section 501(c)(3) of the Internal Revenue Code. (1) As a condition to the transfer of property pursuant to this subdivision, the commission may enter into an agreement with the transferee to provide funding for the future maintenance and monitoring of the property consistent with any permit conditions and mitigation requirements imposed by state or federal law or conditions imposed by a state or federal agency. In determining the amount of the funding provided, the commission shall consider the costs of maintaining and monitoring the property and shall offset from the amount of those costs any benefit or value received by the transferee or the commission as a result of the transfer. (2) The transferee to which the commission transfers the property shall assume the long-term responsibility for the future maintenance and monitoring of the property. (3) (A) If the transferee fails to maintain and monitor the property in the manner required by law, by a permit, or as described in paragraph (1), or if the transferee is a nonprofit corporation that ceases to exist, the property shall automatically revert to the commission. (B) If the property reverts to the commission pursuant to this paragraph, any remaining funds from the original transfer pursuant to paragraph (1) shall also revert to the commission. (C) Any costs, including legal costs, associated with reversion of the property and funds pursuant to this paragraph shall be the responsibility of the transferee. (4) Any documents conveying property in accordance with this section shall include a restriction limiting the use of the property solely for conservation purposes or environmental mitigation purposes in accordance with the conditions specified in paragraph (1). (5) Documents conveying property in accordance with this section and documents related to a transfer or assignment of property under this section shall be filed with the county recorder’s office in the county in which the property is located. (6) The transferee shall not do any of the following: (A) Transfer or assign the property to another entity without approval from the commission and compliance with this section. (B) Transfer or use the property for any purpose other than as required by the agreement described in paragraph (1), and any relevant permit conditions and mitigation requirements. (C) Subdivide the property. (D) Secure loans or liens against the property. (7) The commission shall conduct, or cause to be conducted, an audit of the performance of the transferee at least once every five years to ensure that the transferee is meeting its obligations pursuant to the terms of the agreement described in paragraph (1). (b) The commission may, upon terms, standards, and conditions approved by the commission, award one or more grants to provide a funding mechanism for long-term management and monitoring of projects authorized by Section 132320 to a public agency or to a nonprofit corporation that is qualified pursuant to Section 501(c)(3) of the Internal Revenue Code. As a condition to the award of a grant pursuant to this subdivision, the commission may enter into an agreement with the grantee that contains the following terms: (1) The grantee shall maintain accurate books, records, and accounts of all of its dealings, which shall be subject to an annual financial audit by an independent auditing firm approved by the commission. The grantee shall pay for the annual audit and provide a copy of the audit results to the commission. The commission shall determine whether the grant fund expenditures are consistent with the terms of the agreement described in this subdivision. In addition, the commission may conduct or cause to be conducted a fiscal and compliance audit of the grantee. (2) The commission shall conduct, or cause to be conducted, an audit of the performance of the grantee at least once every five years to ensure that the grantee is meeting its obligations pursuant to the terms of the agreement described in this subdivision. (3) (A) If the grantee fails to perform its management or monitoring responsibilities in the manner required by law and in the manner required by the agreement described in this subdivision, or if a grantee that is a nonprofit corporation ceases to exist, any remaining funds derived from the grant pursuant to this subdivision shall revert to the commission. (B) Any costs, including legal costs, associated with reversion of funds to the commission pursuant to this paragraph shall be the responsibility of the grantee. (Added by Stats. 2008, Ch. 83, Sec. 5. Effective January 1, 2009.) - 132322. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. )
The commission may impose an ordinance to expand, extend, or increase the retail transactions and use tax only if the required voters approve it at a special election.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. ) ## 132322. (a) An ordinance expanding, extending, or increasing the retail transactions and use tax imposed under this chapter shall be imposed by the commission and shall be applicable to the entirety of, or a portion of, the incorporated and unincorporated territory of the county, if the constitutionally required percentage of the electors voting on the measure within the portion of the county to which the tax would apply vote to approve its imposition at a special election called for that purpose by the commission. The ordinance shall take effect on the day immediately following the day of the election at which the proposition is adopted. (b) If at any time the voters do not approve the imposition of the expansion, extension, or increase of the tax, the commission may, at any time thereafter, submit the same, or a different, measure to the voters in accordance with this article. (c) As used in this section, “commission” shall refer to the consolidated agency if the tax is to be imposed by the consolidated agency pursuant to Section 132360.6. (Amended by Stats. 2019, Ch. 758, Sec. 12. (AB 1413) Effective January 1, 2020.) - 132324. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. )
The commission must describe the tax in the ordinance, and it may raise the tax rate or maximum rate when extending or expanding the tax.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. ) ## 132324. (a) In the ordinance, the commission shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, and the purposes for which the revenue derived from the tax will be used. In connection with the extension or expansion of the tax, the tax rate or the maximum tax rate may be increased from the tax rate or the maximum tax rate in effect at that time. (b) If the tax is extended, the ordinance shall set forth the new term during which the tax will be imposed. (c) If the tax is expanded, the ordinance shall contain an expenditure plan that includes the allocation of revenues for the expanded purposes. (Amended by Stats. 2008, Ch. 83, Sec. 7. Effective January 1, 2009.) - 132326. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. )
The county must conduct an election called by the commission under Section 132322.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. ) ## 132326. (a) The county shall conduct an election called by the commission pursuant to Section 132322. (b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county. (Added by Stats. 2001, Ch. 297, Sec. 3. Effective January 1, 2002.) - 132328. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. )
An ordinance that extends or expands the transactions and use tax becomes operative the day after the election approving it, and if the ordinance expands, extends, or increases the tax, the commission must contract with the State Board of Equalization to handle administration and operation functions.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. ) ## 132328. (a) Any ordinance extending or expanding, or both, the transactions and use tax shall be operative on the day immediately following the day of the election at which the proposition is adopted. Any increase in the tax rate or the maximum tax rate authorized by the ordinance shall be operative in accordance with Section 132304. (b) If the ordinance expands, extends, or increases the transactions and use tax, the commission shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance. (Amended by Stats. 2008, Ch. 83, Sec. 8. Effective January 1, 2009.) - 132330. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. )
A challenge to the tax measure, related bonds, or related proceedings must be filed within 60 days after the election approving the ordinance.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. ) ## 132330. Any action or proceeding wherein the validity of the adoption of the extension, expansion, or increase of the retail transactions and use tax, or the issuance of any bonds thereunder, or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within 60 days from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance and the levy and collection of the retail transactions and use tax, shall be held to be valid and in every respect legal and incontestable. (Amended by Stats. 2008, Ch. 83, Sec. 9. Effective January 1, 2009.) - 132332. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. )
The commission cannot extend, expand, or increase taxes other than the transactions and use tax, except as approved by voters under this chapter.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. ) ## 132332. The commission has no power to extend, expand, or increase any tax other than the transactions and use tax extended, expanded, or increased upon approval of the voters in accordance with this chapter. (Amended by Stats. 2008, Ch. 83, Sec. 10. Effective January 1, 2009.) - 132334. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. )
Article 5 rules on revenue allocation, tax rates, and bonds apply to the expanded, extended, or increased transactions and use tax, with one exception for how the revenues may be used.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 2. San Diego County Regional Transportation Commission [132000 - 132334] ( Chapter 2 added by Stats. 1985, Ch. 1576, Sec. 23. ) ## ARTICLE 6. Extension, Expansion, or Increase of Transactions and Use Tax [132320 - 132334] ( Heading of Article 6 amended by Stats. 2008, Ch. 83, Sec. 3. ) ## 132334. All provisions of Article 5 (commencing with Section 132300) relating to allocation of revenues, tax rates, and bonds apply to the expanded, extended, or increased transactions and use tax, except that the revenues derived from the expanded or increased tax may be used for the additional purposes described in subdivision (a) of Section 132320. (Amended by Stats. 2008, Ch. 83, Sec. 11. Effective January 1, 2009.) - 132350. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132350 - 132350.2] ( Article 1 added by Stats. 2002, Ch. 743, Sec. 4. )
This section names the law the San Diego Regional Transportation Consolidation Act and states its purpose.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132350 - 132350.2] ( Article 1 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132350. This chapter shall be known and may be cited as the San Diego Regional Transportation Consolidation Act. The purpose of this act is to provide for the consolidation of transportation responsibilities in the San Diego region which can only be provided for by and through enactment of state law. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132350.1. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132350 - 132350.2] ( Article 1 added by Stats. 2002, Ch. 743, Sec. 4. )
The Legislature states findings supporting consolidation of transportation planning and related responsibilities in the San Diego region.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132350 - 132350.2] ( Article 1 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132350.1. The Legislature hereby finds and declares all of the following: (a) There is an imperative need for comprehensive planning and implementation of regional transportation projects in the San Diego region. Diminution of congestion on the streets and highways in the San Diego region will facilitate passage of all Californians traveling through San Diego, and especially benefit persons who live or work in San Diego County who must commute to points within and outside the San Diego region on a daily basis. (b) Several separate limited-purpose transportation agencies have been established in the San Diego region, however, the San Diego region would benefit from coordinated and comprehensive planning by these agencies. (c) In view of the limited powers of the San Diego Association of Governments (SANDAG), to provide the needed comprehensive transportation planning and implementation without consolidation of certain responsibilities of the transit boards, the Legislature finds that consolidation of the planning, programming, project development, and construction activities of various transportation agencies in the San Diego region will improve the efficiency and effectiveness of implementing needed transportation infrastructure and services and provide for a focus on meeting the mobility needs of the region. (d) It is, therefore, the intent of the Legislature in enacting this chapter to consolidate SANDAG and certain responsibilities of the transit boards to provide for sufficient power and authority to solve the transportation problems in the San Diego region and the needed comprehensive transportation system. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132350.2. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132350 - 132350.2] ( Article 1 added by Stats. 2002, Ch. 743, Sec. 4. )
This section defines terms used in the chapter.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 1. General Provisions, Findings, and Definitions [132350 - 132350.2] ( Article 1 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132350.2. For purposes of this chapter, the definitions contained in this section have the following meanings: (a) “Consolidated agency” means the authority resulting from the consolidation of SANDAG and the transit boards’ responsibilities as set forth herein. (b) “Consolidated entities” means SANDAG and the transit boards as set forth in Article 4 (commencing with Section 132353). (c) “Population” means that population of any agency last determined for the agency as certified by the Department of Finance as of April 1 of each year, or if no certification has been made, the last Federal Decennial Census, except that the population of San Diego County shall be that population determined in the same manner for the unincorporated area of the county. The population of the region shall be that population determined by adding the population of each agency. (d) “North county coastal” means the Cities of Del Mar, Solana Beach, Encinitas, Carlsbad, and Oceanside. (e) “North county inland” means the Cities of Vista, San Marcos, Escondido, and Poway. (f) “South county” means the Cities of Chula Vista, National City, Imperial Beach, and Coronado. (g) “East county” means the Cities of El Cajon, Santee, La Mesa, and Lemon Grove. (h) “San Diego region” means the territory located within the boundaries of San Diego County. (i) “Transit boards” means the San Diego Metropolitan Transit Development Board (MTDB) and the North San Diego County Transit Development Board (NCTD). (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132351. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. )
This section says SANDAG and the transit boards are consolidated, along with their responsibilities, powers, duties, functions, and authority.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132351. The consolidation of SANDAG and the transit boards will consolidate responsibilities under the organization and governance structure and with the powers, duties, functions, and authority as set forth herein. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132351.1. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. )
A 21-member board of directors governs the consolidated agency, and city or county representatives must be selected and may include alternates and advisory representatives.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132351.1. (a) A board of directors consisting of 21 members shall govern the consolidated agency. (b) For purposes of this chapter, “governing body” means the board of supervisors, council, council and mayor where the mayor is not a member of the council, authority, trustees, director, commission, committee, or other policymaking body, as appropriate, that exercises authority over an entity represented on the board of the consolidated agency. (c) All powers, privileges, and duties vested in or imposed upon the consolidated agency shall be exercised and performed by and through a board of directors provided, however, that the exercise of all executive, administrative, and ministerial power may be delegated and redelegated by the board, to any of the offices, officers, or committees created pursuant to this chapter or created by the board acting pursuant to this chapter. (d) The board shall be composed of one primary representative selected by the governing body of each city in the county and a member of the San Diego County Board of Supervisors. However, the City of San Diego and the County of San Diego shall each have a primary and secondary representative, which for the City of San Diego shall be the mayor of the City of San Diego and the president of the city council. Each director shall be a mayor, councilperson, or supervisor, as applicable, of the governing body that selected him or her, and shall serve until recalled by the governing body of the city or county. Vacancies shall be filled in the same manner as originally selected. Each city or county shall also select one alternate to serve on the board when the primary or secondary representative, if applicable, is not available. The alternate shall be subject to the same restrictions and have the same powers, when serving on the board, as the representative for whom he or she is substituting. The alternate shall be a mayor, councilperson, or supervisor, as applicable, of his or her governing body. (e) Notwithstanding subdivision (d), in those years when the primary representative of the San Diego County Board of Supervisors is from a district that is substantially an incorporated area, a supervisor who represents a district that is substantially an unincorporated area shall be appointed to the board as the secondary representative. Alternatively, in those years when the primary representative of the San Diego County Board of Supervisors is from a district that is substantially an unincorporated area, a supervisor who represents a district that is substantially an incorporated area shall be appointed to the board as the secondary representative. (f) At its discretion, each city or county may select a second alternate, in the same manner as the first alternate, to serve on the board in the event that neither the primary representative nor the first alternate is able to attend a meeting of the board. This alternate shall be subject to the same restrictions and have the same powers, when serving on the board, as the primary representative. (g) The board may allow for the appointment of advisory representatives to sit with the board but in no event shall those representatives be allowed a vote. The current advisory representatives to the San Diego Association of Governments may continue their advisory representation on the consolidated agency at the discretion of their governing body. The governing bodies of the County of Imperial and the cities in that county may collectively designate an advisory representative to sit with the board. (Amended by Stats. 2017, Ch. 658, Sec. 11. (AB 805) Effective January 1, 2018.) - 132351.2. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. )
This section sets quorum and voting rules for the San Diego transportation commission, including majority approval, weighted votes, and periodic recomputation of the weighted vote formula.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132351.2. (a) A majority of the member agencies constitute a quorum for the transaction of business. In order to act on any item, the affirmative vote of the majority of the members of the board present is required. However, after a vote of the members is taken, a weighted vote may be called by the members of any two jurisdictions. (b) The governing body of the City of San Diego and the County of San Diego shall allocate their weighted votes equally between their primary and secondary members. (c) For the weighted vote, there shall be a total of 100 votes, except additional votes shall be allowed pursuant to subdivision (h). Each member agency shall have that number of votes determined by the following apportionment formula, provided that each agency shall have at least one vote, no agency shall have more than 50 votes, and there shall be no fractional votes: (1) If any agency has 50 percent or more of the total population of the San Diego County region, allocate 50 votes to that agency and follow paragraph (2), and if not, follow paragraph (3). (2) Total the population of the remaining agencies determined in paragraph (1) and compute the percentage of this total that each agency has. (A) Multiply each percentage derived above by 50 to determine fractional shares. (B) Boost fractions that are less than one to one and add the whole numbers. (C) If the answer to subparagraph (B) is 50, drop all fractions and the whole numbers are the votes for each agency. (D) If the answer to subparagraph (B) is less than 50, the remaining vote is allocated one each to the agency having the highest fraction excepting those whose vote was increased to one pursuant to subparagraph (B). (E) If the answer to subparagraph (B) is more than 50, the excess vote is taken one each from the agency with the lowest fraction. In no case shall a vote be reduced to less than one. (3) Total the population determined in paragraph (1) and compute the percentage of this total that each agency has. (A) Boost fractions that are less than one to one and add the whole numbers. (B) If the answer to subparagraph (A) is 100, drop all fractions and the whole numbers are the votes for each agency. (C) If the answer to subparagraph (A) is less than 100, the remaining vote is allocated one each to the agency having the highest fraction excepting those whose vote was increased to one pursuant to subparagraph (A). (D) If the answer to subparagraph (A) is more than 100, the excess vote is taken one each from the agency with the lowest fraction. In no case shall a vote be reduced to less than one. (d) When a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote. (e) Approval under the weighted vote procedure requires the vote of not less than four members representing separate jurisdictions and not less than 51 percent of the total weighted vote to supersede the original action of the board. (f) For purposes of subdivision (c), the population of the County of San Diego is the population in the unincorporated area of the county. (g) The weighted vote formula under subdivision (c) shall be recomputed every July 1. (h) Any newly incorporated city shall receive one vote under the weighted vote procedure until the next recomputation of the weighted vote formula under subdivision (c), at which time the new agency shall receive votes in accordance with the recomputed formula. Until this recomputation, the total weighted vote may exceed 100. (Amended by Stats. 2017, Ch. 658, Sec. 12. (AB 805) Effective January 1, 2018.) - 132351.3. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency is treated as the successor to SANDAG and related entities, and it is a statutorily created regional transportation planning agency.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132351.3. The consolidated agency is the successor agency to the San Diego Association of Governments (SANDAG) and those entities set forth in Article 4 (commencing with Section 132353). The consolidated agency is a statutorily created regional transportation planning agency under Section 29532.1 of the Government Code. As the successor to SANDAG, the consolidated agency succeeds to, continues, and maintains SANDAG’s federal, state and local designations, including, but not limited to, designation as the Metropolitan Planning Organization, is the San Diego County Regional Transportation Commission pursuant to Section 132005, is the congestion management agency, and is the council of governments for the San Diego region. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132351.4. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. )
This section requires the consolidated agency to maintain specified advisory committees and sets rules for their membership and reporting.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132351.4. (a) The consolidated agency shall have five standing policy advisory committees named the executive, transportation, regional planning, borders, and audit committees. The responsibilities of the committees shall be established by the board. Committee membership may be expanded by the consolidated agency, and shall be selected in accordance with a process established by the consolidated agency. The membership shall be as follows: (1) The executive committee shall consist of six voting members with board members representing east county, north county coastal, north county inland, south county, and the representative, or the representative’s alternate in their absence, from the City of San Diego and the county. The chairperson and the vice chairperson of the consolidated agency shall each be one of the six voting members. (2) (A) The transportation committee shall consist of 10 voting members with board members or alternates representing east county, north county coastal, north county inland, south county and the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, a member of the board of the MTDB appointed by the board of the MTDB, a member of the board of the NCTD appointed by the board of the NCTD, a member of the governing board of the San Diego Unified Port District appointed by the board of the port, and a member of the San Diego County Regional Airport Authority appointed by the airport authority. (B) Among its transportation responsibilities, the transportation committee shall provide a strong focus and commitment to meeting the public transit needs of the San Diego region, set transit funding criteria and recommend transit funding levels, and undertake transit responsibilities resulting from consolidation, as delegated by the board. (C) The board shall provide a report, developed by the transportation committee, to the Legislature on or before December 31 of each year that outlines the public transit needs, transit funding criteria, recommended transit funding levels, and additional work on public transit, as delegated to the transportation committee by the board. The report shall specify the funds spent explicitly on public transportation. The report shall be submitted consistent with Section 9795 of the Government Code. (3) The regional planning committee shall consist of six voting members with board members or alternates representing east county, north county coastal, north county inland, south county, and the mayor or a council member from the City of San Diego, and a supervisor from the County of San Diego. (4) The borders committee shall consist of seven voting members with board members or alternates representing east county, north county coastal, north county inland, south county, the mayor or a council member from the City of San Diego, a supervisor from the County of San Diego, and a mayor, council member, or supervisor from the County of Imperial. (5) The audit committee shall consist of five voting members with two board members and three members of the public to be appointed by the board. The audit committee shall recommend to the board the contract of the firm conducting the annual financial statement audits and the hiring of the independent performance auditor and approve the annual audit plan after discussion with the independent performance auditor pursuant to subdivision (b) of Section 132354.1. (b) The board may appoint other standing and ad hoc working groups to advise it in carrying out its responsibilities. (c) No board member may serve as a member of more than two standing policy advisory committees at any one time, except those board members serving on the audit committee. (Amended by Stats. 2023, Ch. 219, Sec. 2. (SB 891) Effective January 1, 2024.) - 132351.5. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. )
The board sets compensation for consolidated agency and policy advisory committee members, and it also sets the chairperson’s additional monthly compensation.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132351.5. (a) Each member of the consolidated agency, including alternate members when serving in the absence of a regular member at board meetings, and members, including alternates, of the policy advisory committees of the consolidated agency, shall be compensated as determined by the board, and for his or her necessary and reasonable expenses in performing his or her duties as a consolidated agency or policy advisory committee member. (b) The chairperson shall receive additional monthly compensation in an amount established from time to time by the board. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132351.6. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. )
District 11 of the Department of Transportation must coordinate with the consolidated agency on transportation planning for covered projects.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 2. Organization and Governance [132351 - 132351.6] ( Article 2 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132351.6. District 11 of the Department of Transportation shall coordinate with the consolidated agency on transportation planning for all projects within the jurisdiction of the consolidated agency in which the department and the consolidated agency have common planning or programming responsibilities. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132352. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency may adopt bylaws and other rules, and the board and clerk must follow notice-and-publication steps for proposed and adopted ordinances or amendments.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132352. (a) The consolidated agency may adopt bylaws and other rules necessary to carry out its responsibilities. (b) The clerk of the board shall cause a proposed ordinance or proposed amendment to an ordinance, and any ordinance adopted by the board, to be published at least once, in a newspaper of general circulation published and circulated in the board’s area of jurisdiction. (c) The publication of an ordinance, as required by subdivision (b), may be satisfied by either of the following actions: (1) The board may publish a summary of a proposed ordinance or proposed amendment to an ordinance. The summary shall be prepared by a person designated by the board. The summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the office of the clerk of the board at least five days prior to the board meeting at which the proposed ordinance or amendment is to be adopted. Within 15 days after adoption of the ordinance or amendment, the board shall publish a summary of the ordinance or amendment with the names of those board members voting for and against the ordinance or amendment and the clerk shall post in the office of the clerk a certified copy of the full text of the adopted ordinance or amendment along with the names of those board members voting for and against the ordinance or amendment. (2) If the person designated by the board determine that it is not feasible to prepare a fair and adequate summary of the proposed ordinance or amendment, and if the board so orders, a display advertisement of at least one-quarter of a page in a newspaper of general circulation in the board’s area of jurisdiction shall be published at least five days prior to the board meeting at which the proposed ordinance or amendment is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information regarding, the adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance or amendment, and the names of those board members voting for and against the ordinance or amendment. (Amended by Stats. 2005, Ch. 158, Sec. 36.1. Effective January 1, 2006.) - 132352.1. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency’s meetings must follow the Brown Act, and ten board members make a quorum.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132352.1. All meetings of the consolidated agency, including, but not limited to, adjourned regular and special meetings of the board, shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). Ten members of the board shall constitute a quorum for transaction of the business of the board. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132352.2. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. )
The board must express its acts by motion, resolution, or ordinance.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132352.2. Acts of the board shall be expressed by motion, resolution, or ordinance. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132352.3. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. )
The board’s chairperson and vice chairperson must be elected every two years, or when a vacancy exists, by weighted vote. They cannot represent the same subregion, and no member may hold more than one office.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132352.3. The officers of the board are the chairperson and the vice chairperson. The chairperson and vice chairperson shall be elected by the membership of the board every two years or when a vacancy exists, by means of the weighted vote pursuant to Section 132351.2. The chairperson and vice chairperson shall not represent the same subregion, with the subregions being east county, north county coastal, north county inland, south county, the City of San Diego, and the County of San Diego. The board may create additional officers and elect members to those positions. However, no member may hold more than one office. The term of office for any officers of the board other than the chairperson and the vice chairperson shall be established by the board. (Amended by Stats. 2017, Ch. 658, Sec. 14. (AB 805) Effective January 1, 2018.) - 132352.4. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency may use flexible contracting methods, but it must follow bidding and procurement rules when project or contract values exceed specified thresholds.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132352.4. (a) The Legislature finds and declares that there is a compelling interest in ensuring that all federal, state, local, and private funds available to the consolidated agency are captured and used in a timely manner. In order to maximize the use of federal, state, local, and private funds and to maintain a competitive posture in seeking supplemental federal funds, the consolidated agency may establish and use a flexible contracting process to maximize efficient use of public funds. (b) The consolidated agency may do any of the following with regard to contracting: (1) The consolidated agency 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 hold harmless, and to do all acts necessary for, incidental to, or convenient for the full exercise of the powers granted in this chapter. (2) The consolidated agency may contract with any department or agency of the United States or the State of California, local governmental authorities within or outside of the region, including those in Mexico, or any city, county, public district, public corporation, or joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) upon those terms and conditions as the consolidated agency finds are for the best interests of the consolidated agency. (3) If the estimated total cost of any construction project or public works project will exceed fifty thousand dollars ($50,000), the consolidated agency shall solicit bids in writing and shall award the work to the lowest responsible bidder or reject all bids. The consolidated agency shall establish rules for procurement of construction of public works projects. (4) Except in cases when an article of a specified brand or trade name is the only article that will properly meet the needs of the consolidated agency, all contracts for the acquisition or lease of materials, supplies, or equipment in an amount of one hundred fifty thousand dollars ($150,000), or a higher amount as authorized by the board, shall be made or entered into with the lowest responsible bidder meeting specifications. For purposes of determining the lowest bid, the amount of sales tax shall be excluded from the total amount of the bid. (5) If the estimated total cost of required services equals or exceeds one hundred fifty thousand dollars ($150,000), the services will not be performed by an entity described in paragraph (2), and the services are not within the category of services defined in Section 4525 of the Government Code, the consolidated agency shall solicit bids in writing and shall award the work in a competitive procurement process that is in the best interest of the consolidated agency. (6) Contracts for architectural, landscape architectural, engineering, environmental, land surveying services, and construction project management services in excess of one hundred fifty thousand dollars ($150,000) shall be let in accordance with Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (7) Notwithstanding this chapter, the consolidated agency may use any procurement method authorized for state or local agencies by state or federal law, including, but not limited to, use of a competitive negotiation process in accordance with Article 7.5 (commencing with Section 20216) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. The consolidated agency shall maintain acquisition and contracting guidelines to be followed by the consolidated agency with respect to procurement of goods and services. These guidelines may be in the form of standard formats or model formats. (Amended by Stats. 2022, Ch. 110, Sec. 3. (AB 1833) Effective January 1, 2023.) - 132352.5. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. )
Employees of the consolidated agency get the same listed immunities, exemptions, and benefits that apply to comparable public agency personnel, and claims for money or damages against the agency or its employees are handled under the specified Government Code rules or other applicable statutes or regulations.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 3. Administration [132352 - 132352.5] ( Article 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132352.5. (a) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workers’ compensation, and other benefits that apply to the activity of officers, agents, or employees of a public agency when performing their respective functions shall apply to employees of the consolidated agency. (b) All claims for money or damages against the consolidated agency or its employees shall be governed by Part 1 (commencing with Section 810), Part 2 (commencing with Section 814), Part 3 (commencing with Section 900), and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code applicable to public agencies and their employees, or by other statutes or regulations expressly applicable thereto. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132353. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 4. Consolidation [132353 - 132353.4] ( Article 4 added by Stats. 2002, Ch. 743, Sec. 4. )
This section defines key terms used in the article, including construction, planning, programming, and project development.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 4. Consolidation [132353 - 132353.4] ( Article 4 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132353. Definitions. The following definitions contained in this article shall govern the construction of this article. (a) “Construction” shall mean the final design, permitting and building of all transit projects including, but not limited to, commuter and freight rail, light rail, general rail infrastructure, regional bus facilities, paratransit, and other regional transit projects. Construction shall exclude the Oceanside to Escondido Rail Project and the Mission Valley East Extension Light Rail Project, and other projects or those portions of projects which have a construction contract in place at the time of the subsequent transfer defined in Section 132353.2. The aforementioned construction contracts may be assigned to the consolidated agency with mutual agreement of the consolidated agency and the respective transit board. Construction projects shall exclude local and minor improvement projects as defined in the transition plan. (b) “Planning” shall include, but not be limited to, conceptual development of transit projects and services and integration and coordination of all modes of transportation. (c) “Programming” shall mean the, acquisition, prioritization and allocation of funding of transit projects and services. (d) “Project development” shall mean alternative analysis, environmental review and clearance, preliminary engineering, and any other activities necessary to prepare for the construction of a transit project, as defined in the transition plans. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132353.1. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 4. Consolidation [132353 - 132353.4] ( Article 4 added by Stats. 2002, Ch. 743, Sec. 4. )
The San Diego Association of Governments is to be consolidated into a new consolidated agency, and that agency must develop a transition plan for transferring transit functions.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 4. Consolidation [132353 - 132353.4] ( Article 4 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132353.1. Notwithstanding any other provision of law and except as provided in this chapter, the San Diego Association of Governments shall be consolidated into a public agency known as the consolidated agency. In addition, upon adoption of the 2030 Regional Transportation Plan by the consolidated agency, and not later than July 1, 2003, all public transit and other transportation planning and programming responsibilities, including, but not limited to, short and near-term operational and financial planning and program development of the San Diego Metropolitan Transit Development Board (MTDB) and the North San Diego County Transit Development Board (NCTD), except as set forth in subdivision (c) of Section 132353.2 shall be consolidated into the consolidated agency. This consolidation shall be referred to as the initial transfer. A transition plan for the initial transfer of transit functions and responsibilities shall be developed by February 28, 2003, by the consolidated agency in consultation with the transit boards to ensure the efficient and timely transfer of the transit boards’ functions and responsibilities. All local, state, federal, and other funding available to carry out these responsibilities and those set forth in Section 132353.2, upon any consolidation, shall be deemed to be funding of the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132353.2. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 4. Consolidation [132353 - 132353.4] ( Article 4 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency must develop a transition plan with the transit boards and complete the transfer of responsibilities and funding by the stated deadlines.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 4. Consolidation [132353 - 132353.4] ( Article 4 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132353.2. (a) A transition plan for the transfer of project development and construction responsibilities of the transit boards and the financial resources therefore to the consolidated agency shall be developed by the consolidated agency in consultation with the transit boards to ensure the efficient and timely transfer of the transit boards’ project development and construction functions and responsibilities to the consolidated agency no later than September 30, 2003. The transfer and consolidation of project development and construction functions and responsibilities and the funding therefore shall occur no later than January 30, 2004, and shall be referred to as the subsequent transfer. (b) The transition plans should define the functional roles and responsibilities of the consolidated agency and the transit boards and should define, in the applicable transition plan, service and operational planning, programming, project development, and construction. The transition plans should acknowledge a strong linkage between service planning and operations scheduling. (c) Local route planning and scheduling and local financial planning therefor, would continue to be the responsibility of the transit boards in accordance with guidelines provided by the consolidated agency. The initial transition plan would include the development of guidelines and would define local route planning. (d) Notwithstanding the provisions of Section 132353.2, at any time after the initial transfer, the consolidated agency may enter into individual agreements with the MTDB or the NCTD for the transfer and consolidation of any or all functions, personnel, and funding of either agency, except those functions set forth in Section 132354.5, to the consolidated agency on terms and conditions as may be mutually agreed upon. (e) The MTDB and the NCTD shall continue to be a claimant, applicant, and grantee of local, state, and federal grants until the transfer and consolidation of functions or responsibilities to the consolidated agency pursuant to a transition plan at which time the consolidated agency shall become the claimant, applicant, and grantee for these funds. Except for funds which are transferred to the consolidated agency pursuant to a transition plan, the MTDB and the NCTD shall continue to receive funding pursuant to Article 4 (commencing with Section 99260) and Article 4.5 (commencing with Section 99275) of the Transportation Development Act in Chapter 4 of Part 11 of Division 10 and the State Transportation Assistance Fund in accordance with state law. Except for funds which are transferred to the consolidated agency pursuant to a transition plan, the MTDB and the NCTD shall continue to receive the Federal Section 5307 Urbanized Area Formula funds pursuant to federal statute. These funds should be allocated in a manner which will help enable the transit boards to meet their obligations and responsibilities recognizing the methodology and historic funding levels that have previously guided these funding decisions. The consolidated agency shall conduct a periodic review of the allocation and methodology for all formula-based funding. (f) The consolidated agency and the MTDB and the NCTD shall work together to obtain funds for transit projects and services. (g) It is the intent of the Legislature that future consolidation of transit operations of the MTDB and the NCTD into the consolidated agency should be comprehensively evaluated by the consolidated agency. This consolidation shall be referred to as a complete consolidation and shall be implemented only if it is considered to be appropriate by the consolidated agency and approved by a statute enacted by the Legislature. (Amended by Stats. 2003, Ch. 62, Sec. 267. Effective January 1, 2004.) - 132353.3. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 4. Consolidation [132353 - 132353.4] ( Article 4 added by Stats. 2002, Ch. 743, Sec. 4. )
If MTDB is completely consolidated with the consolidated agency, any wholly owned subsidiary of MTDB becomes a subsidiary of the consolidated agency.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 4. Consolidation [132353 - 132353.4] ( Article 4 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132353.3. In the event of complete consolidation of MTDB with the consolidated agency, any corporation that is a wholly owned subsidiary of MTDB shall become a subsidiary of the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132353.4. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 4. Consolidation [132353 - 132353.4] ( Article 4 added by Stats. 2002, Ch. 743, Sec. 4. )
When responsibilities are transferred to the consolidated agency, it succeeds to the transferred entities’ rights and obligations and may take steps needed to protect bondholders and keep services running.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 4. Consolidation [132353 - 132353.4] ( Article 4 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132353.4. Upon the transfer of responsibilities and obligations from the consolidated entities into the consolidated agency, the consolidated agency, shall by operation of law, and in accordance with transition plans, succeed to all of the rights and obligations of the consolidated entities, including MTDB and NCTD, which enable the consolidated agency to perform the responsibility and obligations transferred, as provided in this section. This shall include, but not be limited to: (a) The rights and property of the consolidated entities, including MTDB and NCTD, pertaining to the responsibilities and obligations transferred. (b) The legally enforceable debts and liabilities of the consolidated entities, including MTDB and NCTD, pertaining to the responsibilities and obligations transferred in the same manner as if the consolidated agency had itself incurred them. (c) The rights of creditors and all liens upon the property of the consolidated entities or of their responsibilities shall be preserved unimpaired, limited in lien to the property affected by the liens immediately prior to the transfer of related responsibilities and obligations. (d) An action or proceeding pending by or against a consolidated entity, including MTDB and NCTD, may be prosecuted to judgment, and the judgment shall be binding on the consolidated agency, or the consolidated agency may be proceeded against or substituted in the place of a consolidated entity, if the action or proceeding pertains to a transferred responsibility or obligation. (e) In order to protect the holders of outstanding, unmatured bonds and other evidences of indebtedness of the consolidated entities, including MTDB and NCTD pertaining to the responsibilities and obligations transferred, the consolidated agency shall have the power to take all actions and do all things necessary or required for the protection of those holders and for compliance with the terms of those bonds and other evidences of indebtedness. The consolidated agency shall have the power to continue all services that the consolidated entities, including MTDB and NCTD are furnishing pertaining to the responsibilities and obligations transferred on the date of the transfer. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132354. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency has broad authority to exercise rights and powers needed to carry out this chapter.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132354. The consolidated agency shall have and may exercise all rights and powers, expressed or implied, that are necessary to carry out the purposes and intent of this chapter, including, but not limited to, the power to do all of the following: (a) Sue and be sued. (b) (1) To acquire any property by any means, and to hold, manage, occupy, develop, jointly develop, dispose of, convey, or encumber property. (2) To create a leasehold interest in property for the benefit of the consolidated agency. (c) To acquire, by eminent domain, any property necessary to carry out any of its powers or functions. (d) To merge or split parcels, adjust boundary lines, or take similar actions as part of the acquisition of land or as needed in order to carry out its functions. (e) To construct, acquire, develop, jointly develop, maintain, operate, lease, and dispose of work, property, rights-of-way, and facilities. (f) To appoint necessary employees, including counsel, and to define their qualifications and duties. (g) To enter into and perform all necessary contracts. (h) To fix and collect fees for any services rendered by it. (i) To adopt a seal and alter it at the consolidated agency’s pleasure. (j) To adopt an annual budget and to fix the compensation of its officers, board members, and employees. (k) To establish and enforce rules and regulations for the administration, operation, and maintenance of facilities and services. (l) To enter joint powers arrangements with other entities. (m) To provide insurance. (n) To issue bonds. (o) To do any other things necessary to carry out the purposes of this chapter. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132354.1. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. )
The board, audit committee, auditor, and agency personnel have audit, cooperation, reporting, and internal-control duties for the consolidated agency.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132354.1. (a) The board shall arrange for a post audit of the financial transactions and records of the consolidated agency to be made at least annually by a certified public accountant. (b) (1) The audit committee shall appoint an independent performance auditor, subject to approval by the board, who may only be removed for cause by a vote of at least two-thirds of the audit committee and the board. (2) The independent performance auditor shall have authority to conduct or to cause to be conducted performance audits of all departments, offices, boards, activities, agencies, and programs of the consolidated agency. The auditor shall prepare annually an audit plan and conduct audits in accordance therewith and perform those other duties as may be required by ordinance or as provided by the California Constitution and general laws of the state. The auditor shall follow government auditing standards. All officers and employees of the consolidated agency shall furnish to the auditor unrestricted access to employees, information, and records, including electronic data, within their custody regarding powers, duties, activities, organization, property, financial transactions, contracts, and methods of business required to conduct an audit or otherwise perform audit duties. It is also the duty of any consolidated agency officer, employee, or agent to fully cooperate with the auditor, and to make full disclosure of all pertinent information. (3) The auditor shall have the power to appoint, employ, and remove assistants, employees, and personnel as deemed necessary for the efficient and effective administration of the affairs of the office and to prescribe their duties, scope of authority, and qualifications. (4) The auditor may investigate any material claim of financial fraud, waste, or impropriety within the consolidated agency and for that purpose may summon any officer, agent, or employee of the consolidated agency, any claimant, or other person, and examine the person upon oath or affirmation relative thereto. All consolidated agency contracts with consultants, vendors, or agencies will be prepared with an adequate audit provision to allow the auditor access to the entity’s records needed to verify compliance with the terms specified in the contract. Results of all audits and reports shall be made available to the public in accordance with the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) The board shall develop and adopt internal control guidelines to prevent and detect financial errors and fraud based on the internal control guidelines developed by the Controller pursuant to Section 12422.5 of the Government Code and the standards adopted by the American Institute of Certified Public Accountants. (d) The board shall develop and adopt an administration policy that includes a process to conduct staff performance evaluations on a regular basis to determine if the knowledge, skills, and abilities of staff members are sufficient to perform their respective functions, and shall monitor the evaluation process on a regular basis. (e) The board members shall make an annual report to their member agencies at a public meeting pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, that includes a summary of activities by the consolidated agency including, but not limited to, program developments, project updates, changes to voter-approved expenditure plans, and potential ballot measures. (Amended by Stats. 2021, Ch. 615, Sec. 407. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.) - 132354.2. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. )
This chapter is declared necessary for public health, safety, and welfare, and it must be interpreted broadly to carry out its purposes and the state policy stated in the chapter.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132354.2. This chapter is necessary for the public health, safety, and welfare, and shall be liberally construed to carry out the objects and purposes of this chapter and the declared policy of the state as set forth in this chapter. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132354.3. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. )
The Legislature states that the federal government, the state, and local agencies in the consolidated agency’s area should participate in supporting the consolidated agency.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132354.3. It is the intent of the Legislature that the federal government, the state, and local agencies within the jurisdictional area of the consolidated agency will participate in support of the consolidated agency. It is further the intent of the Legislature that financial support for the activities of the consolidated agency will be made available from federal, state, and local sources normally available for transportation and other planning purposes in the region and for those functions consolidated within the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132354.4. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency is exempt from the requirements that apply to a local agency under Government Code Section 53091.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132354.4. The consolidated agency shall be excluded from the requirements of a “local agency” set forth in Section 53091 of the Government Code. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132354.5. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. )
This section says the consolidated agency is not authorized to operate public transit systems.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132354.5. Nothing in this chapter authorizes the consolidated agency to operate public transit systems. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132354.6. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency is not allowed to have authority over local land use decisions for permitting or zoning of public or private development projects, except as otherwise provided by law.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132354.6. Except as otherwise provided by law, the consolidated agency shall not have any authority over local land use decisions affecting permitting or zoning of public or private development projects. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132354.7. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency must not award construction contracts over $1,000,000 unless the contractor commits to using a skilled and trained workforce, or an exception applies.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132354.7. The consolidated agency shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the consolidated agency an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (a) This subdivision shall not apply if any of the following requirements are met: (1) The consolidated agency has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the consolidated agency has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement. (2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the consolidated agency before January 1, 2017. (3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce. (b) For purposes of subdivision (a), “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (Added by Stats. 2017, Ch. 658, Sec. 16. (AB 805) Effective January 1, 2018.) - 132354.8. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency may implement the regional transportation plan and use bonding authority for that purpose.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 5. Powers and Functions [132354 - 132354.8] ( Article 5 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132354.8. (a) The consolidated agency may implement every component of the regional transportation plan described in subparagraph (B) of paragraph (2) of subdivision (d) of Section 65080 of the Government Code, as well as subsequent updates of the regional transportation plan. This implementation authority shall include, but is not limited to, the authority to plan, engineer, design, and seek funding sources for applicable projects. (b) The implementation authority described in subdivision (a) shall include, but is not limited to, the authority to seek resources and fund projects identified in the sustainable communities strategy described in paragraph (2) of subdivision (b) of Section 65080 of the Government Code, including habitat conservation projects, water quality improvement projects, and other environmental mitigation projects. (c) The consolidated agency may exercise its bonding authority pursuant to Article 8 (commencing with Section 132370) to implement any component of the regional transportation plan described in subparagraph (B) of paragraph (2) of subdivision (d) of Section 65080, as well as subsequent updates to the regional transportation plan. (Added by Stats. 2022, Ch. 127, Sec. 1. (AB 2367) Effective January 1, 2023.) - 132355. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6. Staffing, Labor, and Retirement Benefits [132355 - 132355.4] ( Article 6 added by Stats. 2002, Ch. 743, Sec. 4. )
The executive director has administrative authority for the consolidated agency and may appoint employees needed to carry out its functions, subject to the board’s direction and approved policies.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6. Staffing, Labor, and Retirement Benefits [132355 - 132355.4] ( Article 6 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132355. Administrative authority for the consolidated agency shall be vested in the office of the executive director, subject to the direction and policies of the consolidated agency as approved by the board. The executive director shall serve at the pleasure of the board and may appoint employees as may be necessary to carry out the functions of the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132355.1. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6. Staffing, Labor, and Retirement Benefits [132355 - 132355.4] ( Article 6 added by Stats. 2002, Ch. 743, Sec. 4. )
Employees of the consolidated entities must become employees of the consolidated agency, and they must not lose employment, pay, benefits, seniority, retirement benefits, or other employment terms because of this chapter.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6. Staffing, Labor, and Retirement Benefits [132355 - 132355.4] ( Article 6 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132355.1. The employees of the consolidated entities affected by this chapter shall become employees of the consolidated agency and shall suffer no loss of employment or reduction in wages, health and welfare and other benefits, seniority, retirement benefits or contributions made to retirement plans, or any other term or condition of employment as a result of the enactment of this chapter. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132355.2. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6. Staffing, Labor, and Retirement Benefits [132355 - 132355.4] ( Article 6 added by Stats. 2002, Ch. 743, Sec. 4. )
When the consolidated agency succeeds, affected employees move to the consolidated agency, keep comparable pay and benefits, and retain credited leave and status protections.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6. Staffing, Labor, and Retirement Benefits [132355 - 132355.4] ( Article 6 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132355.2. (a) Upon succession of the consolidated agency under Section 132351.3, and in accordance with Article 4 (commencing with Section 132353), all affected employees of the consolidated entities shall become employees of the consolidated agency at their existing or substantially equivalent classifications, salaries, and benefits. All consolidated entity employees who become employees of the consolidated agency shall be given sick leave, seniority, and vacation credits in accordance with the records of the consolidated entity that previously employed them. (b) On the effective date of succession of the consolidated agency: (1) Regular employees of the consolidated entities shall be deemed qualified, and no other qualifications shall be required for employment or retention by the consolidated agency. (2) Probationary employees of consolidated entities shall retain their probationary status and rights, and shall not be deemed to have transferred so as to require serving a new probationary period. (c) Upon transfer of any public benefit corporation owned solely by the MTDB pursuant to Section 132353.3, any reference to the board or to the San Diego Metropolitan Transit Development Board in Article 1 (commencing with Section 120500), Article 2 (commencing with Section 120520), and Article 3 (commencing with Section 120540) of Chapter 5 of Division 11 shall be deemed to refer to the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132355.3. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6. Staffing, Labor, and Retirement Benefits [132355 - 132355.4] ( Article 6 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency and PERS must make an agreement for comparable retirement benefits, and the consolidated agency must pay the related costs.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6. Staffing, Labor, and Retirement Benefits [132355 - 132355.4] ( Article 6 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132355.3. (a) Members and beneficiaries of any pension or retirement system or other benefits established by the consolidated entities shall continue to have comparable rights, privileges, benefits, obligations, and status with respect to the established systems. (b) The consolidated agency and the Public Employees’ Retirement System (PERS) shall enter into an agreement to provide comparable benefits to those persons who were employees, retirees, or beneficiaries of the consolidated entities’ pension and retirement plans at the time of consolidation. Any expense related to this agreement between the consolidated agency and PERS, including retiree coverage, shall be borne by the consolidated agency. The agreement shall be effective as of the date of succession by the consolidated agency. (c) Those retired employees of the consolidated entities, including their eligible dependents, who are (1) retired on the effective date of the succession; or (2) an eligible beneficiary of a retired employee on the effective date of succession, and (3) who were eligible for benefits through PERS as provided and paid for by a consolidated entity, shall continue to be eligible for comparable benefits, including health care insurance, under the terms of the contracts between the consolidated entities and PERS in effect on the day prior to the succession. These benefits shall be provided at no cost to the retired employee or eligible beneficiary, except for normal copayments as otherwise provided for in the terms of the contracts between the consolidated entities and PERS in effect on the day prior to the succession. (d) Allowances of persons retired from the consolidated entities as of the consolidation date and their beneficiaries and of beneficiaries of deceased members or retired persons who are receiving allowances as of the succession date, shall be continued in at least the amount provided under the contracts between the consolidated entities and PERS in effect on the day prior to the succession. The succession shall not affect the contribution rate of any employee, retiree, or beneficiary or any retirement allowance or other benefit based on service to a consolidated entity being paid on the day prior to succession. (e) Notwithstanding Section 20511 of the Government Code, time of service by consolidated entity employees shall be credited as services rendered for the consolidated agency for purposes of calculating retirement benefits. The time of service by consolidated entity employees shall create prior service liabilities against the consolidated agency. Service rendered by consolidated entity employees who become employees of the consolidated agency on the date of succession shall be combined with service rendered by the employee as an employee of the consolidated agency for purposes of calculating retirement benefits. The consolidated agency’s contract with PERS shall contain a provision to bring this section into effect. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132355.4. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6. Staffing, Labor, and Retirement Benefits [132355 - 132355.4] ( Article 6 added by Stats. 2002, Ch. 743, Sec. 4. )
If a majority of employees in an appropriate unit want union representation and the labor organization has majority support, employee representation issues and employee-employer relations for the consolidated agency are governed by the Meyers-Milias-Brown Act. For wage orders, the consolidated agency is treated as a special district.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6. Staffing, Labor, and Retirement Benefits [132355 - 132355.4] ( Article 6 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132355.4. (a) Whenever a majority of the employees employed by the consolidated agency in a unit appropriate for collective bargaining indicate a desire to be represented by a labor organization, and upon determining that the labor organization represents at least a majority of the employees in the appropriate unit, the determination of questions concerning employee representation and the conduct of employee-employer relations for the consolidated agency shall be governed by the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code). (b) For the purposes of the wage orders of the Industrial Welfare Commission, the consolidated agency shall be considered a special district. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132357. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.3. Adoption and Revision of a Regional Aviation Strategic Plan and Airport Multimodal Accessibility Plan [132357 - 132359] ( Article 6.3 added by Stats. 2007, Ch. 287, Sec. 3. )
The San Diego County Regional Airport Authority and the consolidated agency must enter into an agreement by June 30, 2008 about coordinating the regional aviation strategic plan and airport multimodal accessibility plan.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.3. Adoption and Revision of a Regional Aviation Strategic Plan and Airport Multimodal Accessibility Plan [132357 - 132359] ( Article 6.3 added by Stats. 2007, Ch. 287, Sec. 3. ) ## 132357. On or before June 30, 2008, the San Diego County Regional Airport Authority and the consolidated agency shall enter into an agreement for the coordination of responsibilities for the adoption of, and updates to, the regional aviation strategic plan and the airport multimodal accessibility plan for San Diego County pursuant to this article. The agreement shall include provisions for coordination and timing of the preparation and maintenance of the plans. The agreement shall also provide for coordination of efforts to obtain funding from outside sources and equitable allocation of funding responsibilities for the airport multimodal accessibility plan. (Added by Stats. 2007, Ch. 287, Sec. 3. Effective January 1, 2008.) - 132358. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.3. Adoption and Revision of a Regional Aviation Strategic Plan and Airport Multimodal Accessibility Plan [132357 - 132359] ( Article 6.3 added by Stats. 2007, Ch. 287, Sec. 3. )
The San Diego County Regional Airport Authority must prepare a regional aviation strategic plan, consult and seek comment from listed parties, include specified content, and submit the plan after adoption.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.3. Adoption and Revision of a Regional Aviation Strategic Plan and Airport Multimodal Accessibility Plan [132357 - 132359] ( Article 6.3 added by Stats. 2007, Ch. 287, Sec. 3. ) ## 132358. (a) The San Diego County Regional Airport Authority shall prepare a regional aviation strategic plan with the objective of identifying workable strategies to improve the performance of the San Diego County regional airport system. (b) The San Diego County Regional Airport Authority shall seek review and comment from the consolidated agency regarding the scope and content of the regional aviation strategic plan and any updates to the plan. (c) The elements of the regional aviation strategic plan shall include the following: (1) A forecast of air passenger and air cargo demand in San Diego County. (2) Identification of the existing capacity of the airports in the county for commercial and general aviation. (3) Identification of the strategies and facilities required to accommodate additional demand both as it relates to the air transportation system and the ground access system. (4) A financial strategy that estimates, over the life of the plan, the amount of funding that can be expected and the likely sources for the funding. The financial strategy shall include a program of investments supported by the expected revenues and estimated schedule of their implementation. (5) Other elements that further the development of the regional aviation strategic plan. (d) The regional aviation strategic plan shall incorporate the master plans and airport land use compatibility plans for the airports in San Diego County. (e) During the preparation of the regional aviation strategic plan, the San Diego County Regional Airport Authority shall take into consideration the interregional aviation plans from the regions bordering San Diego County. (f) During the preparation of the regional aviation strategic plan, the San Diego County Regional Airport Authority shall consult with all of the following: (1) Civilian and military airport operators in San Diego County. (2) Appropriate state and federal agencies. (3) Airport operators in regions adjacent to San Diego County. (4) The cities in San Diego County. (5) San Diego County. (6) The consolidated agency. (7) The public pursuant to subdivision (g). (g) The San Diego County Regional Airport Authority, in consultation with the consolidated agency, shall undertake and complete a public participation process to aid in the preparation of the regional aviation strategic plan. The public participation process shall employ a procedure that includes a method of addressing and responding to recommendations made by the public. (h) A draft of the regional aviation strategic plan and its recommendations shall be circulated for review and comment to the consolidated agency, to the civilian and military airport operators in the county, to cities within San Diego County in which an airport is located, and to San Diego County. (i) The first regional aviation strategic plan shall be adopted by June 30, 2011. (j) Upon adoption of the regional aviation strategic plan, the San Diego County Regional Airport Authority shall submit the plan to the consolidated agency. (Added by Stats. 2007, Ch. 287, Sec. 3. Effective January 1, 2008.) - 132359. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.3. Adoption and Revision of a Regional Aviation Strategic Plan and Airport Multimodal Accessibility Plan [132357 - 132359] ( Article 6.3 added by Stats. 2007, Ch. 287, Sec. 3. )
The consolidated agency must prepare and adopt an airport multimodal accessibility plan for San Diego County by December 31, 2013, and later review and update related strategic planning as needed.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.3. Adoption and Revision of a Regional Aviation Strategic Plan and Airport Multimodal Accessibility Plan [132357 - 132359] ( Article 6.3 added by Stats. 2007, Ch. 287, Sec. 3. ) ## 132359. (a) The consolidated agency shall prepare and adopt a multimodal surface transportation accessibility plan for airports in San Diego County (airport multimodal accessibility plan) by December 31, 2013. The airport multimodal accessibility plan should be updated as necessary for the consolidated agency to comply with Section 132360.2. (b) The airport multimodal accessibility plan shall be prepared in consultation with the San Diego County Regional Airport Authority, San Diego County, the cities within San Diego County, the transit operators within San Diego County, the Department of Transportation, the civilian and military airport operators within San Diego County, and airport operators in regions adjacent to San Diego County. (c) The consolidated agency, in consultation with the San Diego County Regional Airport Authority, shall undertake and complete a public participation process to aid in the preparation of the airport multimodal accessibility plan. The public participation process shall employ a procedure that includes a method of addressing and responding to recommendations made by the public. (d) The elements of the airport multimodal accessibility plan shall include the following: (1) The identification of multimodal transportation investments that will improve surface transportation access to the airports in San Diego County and to other counties, if appropriate. The investments may include improvements that increase capacity through the construction of new facilities, or modification to existing facilities, and investments in operational improvements that enhance the carrying capacity of existing facilities. (2) A program of investments and the anticipated schedule for the development of the projects that comprise the program. (3) A financial element that estimates for the period of the plan the amount of funding that can be expected, the likely revenue sources from which the funding will be derived, and the program of investments supported by the expected revenue. The financial element shall also contain recommendations for allocation of funds. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action. (4) Other elements that further the development of the airport multimodal accessibility plan. (e) In preparing the airport multimodal accessibility plan, the consolidated agency shall consider the following: (1) The regional aviation strategic plan prepared by the San Diego County Regional Airport Authority. (2) The airport master plans of the civilian and military airport operators in the county. (3) The general plans and their circulation element of the cities within San Diego County and San Diego County. (4) The transit plans of the transit operators in San Diego County. (5) The highway system improvement plans and programs of the Department of Transportation. (6) The intercity passenger rail plans of the California High-Speed Rail Authority. (7) The interregional aviation and rail plans from the regions bordering San Diego County. (8) Other pertinent plans. (f) Not less than six months prior to the adoption of the airport multimodal accessibility plan, the consolidated agency shall circulate for review and comment the draft plan and its proposed recommendations to the San Diego County Regional Airport Authority, the operators of the remaining civilian and military airports in San Diego County, the cities within San Diego County in which an airport is located, San Diego County, the Department of Transportation, representatives of the tenants of the airports, and other interested parties. (g) Following adoption of the first airport multimodal accessibility plan, the San Diego County Regional Airport Authority shall submit updated airport land use compatibility plans to the consolidated agency for review prior to adoption of the revised airport land use compatibility plan by the San Diego County Regional Airport Authority. The board of directors of the consolidated agency shall review proposed airport land use compatibility plans and updates to the plans submitted by the San Diego County Regional Airport Authority and make a determination as to their compatibility with the airport multimodal accessibility plan. In the event the consolidated agency finds that the plans are incompatible with the airport multimodal accessibility plan, the consolidated agency shall return the plan to the San Diego County Regional Airport Authority with its findings. The San Diego County Regional Airport Authority shall make any necessary modifications to achieve compatibility and resubmit the plan to the consolidated agency for another compatibility review. (h) The regional aviation strategic plan shall be reviewed not less than every five years and shall be updated, as necessary, to comply with Section 132360.2. (i) The airport multimodal accessibility plan shall not limit the authority granted to the San Diego County Regional Airport Authority in subdivision (a) of Section 170048. (Added by Stats. 2007, Ch. 287, Sec. 3. Effective January 1, 2008.) - 132360. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. )
The Legislature states that the consolidated agency should complete a public process by June 30, 2004, to prepare and adopt a regional comprehensive plan.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. ) ## 132360. (a) It is the intent of the Legislature that the consolidated agency complete a public process by June 30, 2004, to prepare and adopt a regional comprehensive plan based on the local general and regional plans that integrates land uses, transportation systems, infrastructure needs, and public investment strategies, within a regional framework, in cooperation with member agencies and the public. (b) The regional comprehensive plan should be updated as necessary for the consolidated agency to comply with Section 132360.2. (Added by Stats. 2003, Ch. 508, Sec. 3. Effective January 1, 2004.) - 132360.1. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. )
The consolidated agency must prepare and maintain the regional comprehensive plan to meet listed planning goals and public-process requirements.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. ) ## 132360.1. In preparing and updating the regional comprehensive plan, it is the intent of the Legislature that: (a) The regional comprehensive plan preserve and improve the quality of life in the San Diego region, maximize mobility and transportation choices, and conserve and protect natural resources. (b) The regional comprehensive plan shall address the greenhouse gas emissions reduction targets set by the State Air Resources Board as required by Section 65080 of the Government Code and include strategies that provide for mode shift to public transportation. (c) The regional comprehensive plan shall identify disadvantaged communities as designated pursuant to Section 39711 of the Health and Safety Code and include transportation strategies to reduce pollution exposure in these communities. (d) In formulating and maintaining the regional comprehensive plan, the consolidated agency shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the county and cities within the region, and the plans and planning activities of organizations that affect or are concerned with planning and development within the region. (e) The consolidated agency shall engage in a public collaborative planning process. The recommendations resulting from the public collaborative planning process shall be made available to and considered by the consolidated agency for integration into the draft regional comprehensive plan. The consolidated agency shall adopt a procedure to carry out this process including a method of addressing and responding to recommendations from the public. (f) In formulating and maintaining the regional comprehensive plan, the consolidated agency shall seek the cooperation and consider the recommendations of all of the following: (1) Its member agencies and other agencies of local government within the jurisdiction of the consolidated agency. (2) State and federal agencies. (3) Educational institutions. (4) Research organizations, whether public or private. (5) Civic groups. (6) Private individuals. (7) Governmental jurisdictions located outside the region but contiguous to its boundaries. (g) The consolidated agency shall make the regional comprehensive plan, policies, and objectives available to all local agencies and facilitate consideration of the regional comprehensive plan in the development, implementation, and update of local general plans. The consolidated agency shall provide assistance and enhance the opportunities for local agencies to develop, implement, and update general plans in a manner that recognizes, at a minimum, land use, transportation compatibility, and a jobs-to-housing balance within the regional comprehensive plan. (h) The consolidated agency shall maintain the data, maps, and other information developed in the course of formulating the regional comprehensive plan in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other government agencies and private organizations. (i) The components of the regional comprehensive plan may include, but are not limited to, transportation, housing, water quality and supply, infrastructure, air quality, energy, solid waste, economy, and open space, including habitat. Performance standards and measurable criteria shall be established through a public process to ensure that the regional comprehensive plan is prepared consistent with these measures as well as in determining achievement of the regional comprehensive plan goals throughout its implementation. (j) Any water supply component or provision of the regional infrastructure strategy regarding water supply contained in the regional comprehensive plan shall be consistent with the urban water management plan and other adopted regional water facilities and supply plans of the San Diego County Water Authority. (Amended by Stats. 2017, Ch. 658, Sec. 17. (AB 805) Effective January 1, 2018.) - 132360.2. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. )
The listed regional plans should be compatible with each other, and the regional comprehensive plan should provide the framework for later related transportation and airport planning.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. ) ## 132360.2. The regional transportation plan, the regional aviation strategic plan, the airport multimodal accessibility plan, and the regional comprehensive plan should be compatible. The regional comprehensive plan should set the framework for the type of changes upon which subsequent regional transportation plans, regional aviation strategic plans, and airport multimodal accessibility plans should focus. (Amended by Stats. 2007, Ch. 287, Sec. 4. Effective January 1, 2008.) - 132360.3. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. )
The consolidated agency must keep plan-related data, maps, and other information in a form that supports a consistent view of development trends and makes the information available for use by other government agencies and private organizations.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. ) ## 132360.3. The consolidated agency shall maintain the data, maps, and other information developed in the course of formulating the regional comprehensive plan in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other government agencies and private organizations. (Added by Stats. 2003, Ch. 508, Sec. 3. Effective January 1, 2004.) - 132360.4. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. )
Each member agency should review certain actions of the consolidated agency and report those actions to its respective jurisdiction for review.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. ) ## 132360.4. Each member agency should review the actions that the consolidated agency makes on state and federally regulated or mandated items and report these actions to their respective jurisdiction for review. (Added by Stats. 2003, Ch. 508, Sec. 3. Effective January 1, 2004.) - 132360.5. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. )
Documents created under this article must be made available and ready for public review under the California Public Records Act.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. ) ## 132360.5. All documents created in compliance with this article shall be made available and ready for public review in compliance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 408. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.) - 132360.6. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. )
The consolidated agency may use the retail transactions and use tax authority to fund and finance infrastructure needs in the regional comprehensive plan.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 6.5. Adoption and Administration of a Regional Comprehensive Plan [132360 - 132360.6] ( Article 6.5 added by Stats. 2003, Ch. 508, Sec. 3. ) ## 132360.6. The consolidated agency may use the authority for the retail transactions and use tax provided under Sections 132301 and 132302 to fund and finance infrastructure needs identified in the regional comprehensive plan developed in accordance with this article. Development of the proposal and expenditure plan shall be conducted using a public collaborative planning process that is consistent with Section 132360.1. (Added by Stats. 2008, Ch. 83, Sec. 12. Effective January 1, 2009.) - 132362. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 7. Voter Approval [132362 - 132364] ( Article 7 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency may call an election in San Diego County, including an advisory election, if it pays the county for the cost of putting the ordinance or measure on the ballot.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 7. Voter Approval [132362 - 132364] ( Article 7 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132362. (a) In addition to the authority set forth in Article 5 (commencing with Section 132300) and Article 6 (commencing with Section 132320) of Chapter 2 of Division 12.7, if the consolidated agency provides compensation to San Diego County for the cost of including an ordinance or measure on the ballot, the consolidated agency may call an election, including an advisory election, in San Diego County on any ordinance or measure regarding the governance of or matters related to the powers, privileges, or duties of the consolidated agency, including, but not limited to, merger or complete consolidation of the transit boards. (b) The ordinance or measure shall be consistent with, and shall not be in conflict with, any other provision of this chapter. (Amended by Stats. 2017, Ch. 658, Sec. 18. (AB 805) Effective January 1, 2018.) - 132364. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 7. Voter Approval [132362 - 132364] ( Article 7 added by Stats. 2002, Ch. 743, Sec. 4. )
The county must conduct an election, including an advisory election, when called by the consolidated agency, using the same rules that apply to county elections.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 7. Voter Approval [132362 - 132364] ( Article 7 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132364. The county shall conduct an election, including an advisory election, called by the consolidated agency in the same manner as provided by law for the conduct of elections by a county. (Added by renumbering Section 132634 by Stats. 2003, Ch. 62, Sec. 271. Effective January 1, 2004.) - 132370. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency may issue bonds, and the bonds may be payable from revenue of facilities or enterprises the agency acquires or constructs.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370. The consolidated agency may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by the consolidated agency, 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), and all of the provisions of that law are applicable to the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132370.1. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency may issue revenue bonds for authorized transit facilities or transit equipment, and it must authorize those bonds by resolution of its governing board.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370.1. (a) The consolidated agency 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 consolidated agency or for transit equipment described in Section 132372 below authorized to be acquired by the consolidated agency or, in the alternative, the consolidated agency may issue revenue bonds under the Revenue Bond Law of 1941 for the acquisition, construction, and completion of any one of those transit facilities or for transit equipment described in Section 132372 below authorized to be acquired by the consolidated agency. (b) Nothing in this article prohibits the consolidated agency from availing itself of, or making use of, any procedure provided in this chapter 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 consolidated agency may determine. (c) Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code does not apply to the issuance and sale of bonds pursuant to this chapter and the consolidated agency shall authorize the issuance of such bonds by resolution of its governing board. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132370.10. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
Bond-related proceedings create enforceable contracts, and debt and revenue obligations continue to bind the consolidated agency, affected territory, and successors or assigns.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370.10. (a) Notwithstanding any other provisions of this article or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the consolidated agency of any bonds, bonds with a pledge of revenues, bonds for any and all evidences of indebtedness or liability constitute a contract between the consolidated agency and the holders of the bonds, equipment trust certificates, notes, or evidences of indebtedness or liability, and the provisions thereof are enforceable against the consolidated agency or any or all of its successors or assigns, by mandamus or any other appropriate suit, action, proceeding in law or in equity in any court of competent jurisdiction. (b) Nothing in this article or in any other law shall be held to relieve the consolidated agency or the territory included within it from any bonded or other debt or liability contracted by the consolidated agency. Upon dissolution of the consolidated agency or upon withdrawal of territory therefrom, that territory formerly included within the consolidated agency, or withdrawn therefrom, shall continue to be liable for the payment of all bonded and other indebtedness or liabilities outstanding at the time of the dissolution or withdrawal as if the consolidated agency 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. (c) 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 consolidated agency 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 changes in ownership, operation, or control of the revenue-producing improvements, works, facilities or property and it shall, in any later event or events, be the duty of the successors or assigns to continue to maintain and operate the revenue-producing improvements, works, facilities, and property as long as bonds are outstanding. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132370.2. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
Three named California public works financing acts apply to the consolidated agency.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370.2. The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), and the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), are applicable to the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132370.3. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
This section says Chapter 1 of Part 11 of Division 10 of the Public Utilities Code applies to the consolidated agency.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370.3. Chapter 1 (commencing with Section 99000) of Part 11 of Division 10 of the Public Utilities Code is applicable to the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132370.4. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency is treated as a local agency, and certain Government Code provisions apply to it.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370.4. The consolidated agency shall be considered to be a “local agency” as defined in subdivision (h) of Section 53317 of the Government Code and the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code are applicable to the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132370.5. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency is treated as a local agency, and specified Government Code provisions apply to it.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370.5. The consolidated agency shall be considered to be a “local agency” as defined in subdivision (f) of Section 6585 of the Government Code and the provisions of Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code are applicable to the consolidated agency. (Amended by Stats. 2003, Ch. 62, Sec. 268. Effective January 1, 2004.) - 132370.6. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency may borrow money under specified Government Code articles.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370.6. The consolidated agency may borrow money in accordance with Article 7 (commencing with Section 53820), Article 7.6 (commencing with Section 53850), or Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2003, Ch. 62, Sec. 269. Effective January 1, 2004.) - 132370.7. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency may borrow against authorized but unsold bonds, issue negotiable bond anticipation notes, and renew them, but the notes must be sold and issued like the bonds and cannot run for more than five years or exceed the allowed aggregate amount.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370.7. (a) The consolidated agency may borrow money in anticipation of the sale of bonds which have been authorized to be issued, but which have not been sold and delivered, and may issue negotiable bond anticipation notes therefor and may renew the bond anticipation notes from time to time, but the maximum maturity of any bond application notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original bond anticipation notes. (b) The bond anticipation notes may be paid from any money of the consolidated agency available therefor and not otherwise pledged. If not previously otherwise paid, the bond anticipation notes shall be paid from the proceeds of the next sale of the bonds of the consolidated agency in anticipation of which they were issued. The bond anticipation notes shall not be issued in any amount in excess of the aggregate amount of bonds which the consolidated agency has not been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding. (c) The bond anticipation notes shall be issued and sold in the same manner as the bonds. The bond anticipation notes and the resolution or resolutions authorizing them may contain any provisions, conditions, or limitations which a resolution of the consolidated agency authorizing the issuance of bonds may contain. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132370.8. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency may bring a court action to determine whether its bonds and similar debt instruments are valid.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370.8. The consolidated agency 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. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132370.9. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
Certain bonds and debt issued by the consolidated agency, and the interest on them, are exempt from state taxation, except for transfer, franchise, inheritance, and estate taxes.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132370.9. All bonds and other evidences of indebtedness issued by the consolidated agency under this chapter, and the interest thereon, are free and exempt from all taxation within the state, except for transfer, franchise, inheritance and estate taxes. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132372. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
The consolidated agency may buy transit equipment, make related agreements and leases, issue or dispose of equipment trust certificates, and allow payment in installments.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132372. (a) The consolidated agency may purchase transit equipment such as cars, trolley buses, motorbuses, light rail vehicles, 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 the terms and conditions that the consolidated agency may deem appropriate. (b) Payment for transit equipment, or rentals therefor, may be made in installments, and the deferred installments may be evidenced by equipment trust certificates that are or will be legally available to the consolidated agency. Title to the equipment shall not vest in the consolidated agency until the equipment trust certificates are paid. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132372.1. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
An agreement to buy or lease transit equipment may direct how the equipment is sold, assigned, delivered, and re-leased.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132372.1. The agreement to purchase or lease transit equipment may direct the vendor or lessor to sell and assign or lease the transit equipment to a bank or trust company duly authorized to transact business in the state as trustee for the benefit and security of the equipment trust certificates, and may direct the trustee to deliver the transit equipment to one or more designated officers of the consolidated agency and may authorize the consolidated agency to simultaneously therewith execute and deliver an installment purchase agreement or a lease of such equipment to the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132372.2. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
Agreements, leases, and equipment trust certificates must be authorized by resolution of the consolidated agency, and the agreements and leases must be properly acknowledged in the required deed-acknowledgment form.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132372.2. (a) 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. (b) The agreements, leases and equipment trust certificates shall be authorized by resolution of the consolidated agency and shall contain covenants, conditions, and provisions which may be deemed necessary or appropriate to ensure the payment of the equipment trust certificates from such legally available source or sources of funds as may be specified in the certificates. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132372.3. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
Agreements, leases, and equipment trust certificates must not conflict with the trust agreement or similar document securing the consolidated agency’s bonds, notes, or certificates.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132372.3. 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 or similar document securing the payment of bonds, notes, or certificates of the consolidated agency. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132372.4. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. )
Executed copies of each agreement and lease must be filed with the Secretary of State, and the Secretary of State may receive $1 for each copy filed.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 3. Transportation Consolidation For San Diego [132350 - 132372.4] ( Chapter 3 added by Stats. 2002, Ch. 743, Sec. 4. ) ## ARTICLE 8. Bonds, Equipment, and Leases [132370 - 132372.4] ( Article 8 added by Stats. 2002, Ch. 743, Sec. 4. ) ## 132372.4. (a) An executed copy of each agreement and lease shall be filed in the office of the Secretary of State, who shall be entitled to receive one dollar ($1) for each copy filed. (b) The filing constitutes notice to any subsequent judgment creditor or any subsequent purchaser. (Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.) - 132400. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
This section defines key terms used in the chapter, including the authority, board, commission, LACMTA, project, and extension cities.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132400. For purposes of this chapter, the following terms have the following meanings: (a) The “authority” is the Metro Gold Line Foothill Extension Construction Authority created under this chapter, formerly known as the Pasadena Metro Blue Line Construction Authority. (b) The “board” is the governing board of the authority. (c) The “commission” is the California Transportation Commission. (d) The “LACMTA” is the Los Angeles County Metropolitan Transportation Authority. (e) The “project” is the Los Angeles-Pasadena Foothill Extension Gold Line light rail project, formerly known as the Los Angeles-Pasadena Metro Blue Line, extending from Union Station in the City of Los Angeles to Sierra Madre Villa Boulevard in the City of Pasadena and any mass transit guideway that may be planned east of Sierra Madre Villa Boulevard along the rail right-of-way extending to the City of Montclair. (f) The “extension cities” are the Cities of Arcadia, Monrovia, Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, Claremont, and Montclair. (Amended by Stats. 2012, Ch. 189, Sec. 1. (AB 1600) Effective January 1, 2013.) - 132405. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
The authority is created to award and oversee all design and construction contracts for the project.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132405. The authority is hereby created for the purpose of awarding and overseeing all design and construction contracts for completion of the project. (Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.) - 13241. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Form and Content [13241 - 13244] ( Article 2 enacted by Stats. 1951, Ch. 764. )
Bond maturities must be set so payments start within 10 years of issuance and finish within 50 years, and the board may split an issue into series with separate issuance and maturity dates.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Form and Content [13241 - 13244] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13241. Bonds authorized pursuant to this chapter shall mature serially in amounts to be fixed by the board; provided, that payment shall begin not more than 10 years from the date of issuance thereof and be completed in not more than 50 years from that date; provided, further, that the board may divide any issue of bonds authorized pursuant to this chapter into two or more series, and may fix different dates of issuance and different maturity dates for the bonds of each series. The bonds of each series shall mature serially in amounts to be fixed by the board, and the board shall fix a date not more than 10 years from the date of issuance of each series for the earliest maturity of such series, and shall fix a date not more than 50 years from the date of issuance of each series for the final maturity of such series. (Amended by Stats. 1959, Ch. 166.) - 132410. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
The authority may do the project work and related agreements, but it must adopt an administrative code within 60 days and include ethics rules that bar certain gifts and require disclosures.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132410. (a) The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and building the project, including, but not limited to, all of the following: (1) Acceptance of grants, fees, allocations, and transfers of funds from federal, state, and local agencies, as well as private entities. (2) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority. (3) Incurring indebtedness, secured by pledges of revenue available for project completion. (4) Contracting with public and private entities for the planning, design, and construction of the project. These contracts may be assigned separately or may be combined to include any or all tasks necessary for completion of the project. (5) Entering into cooperative or joint development agreements with local governments or private entities. These agreements may be entered into for the purpose of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted the authority. For purposes of this paragraph, “joint development” includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, the project. (6) Relocation of utilities, as necessary for completion of the project. (b) The duties of the authority include, but are not limited to, all of the following: (1) Conducting the financial studies and the planning and engineering necessary for completion of the project. (2) (A) Adoption of an administrative code, not later than 60 days after establishment of the authority, for administration of the authority in accordance with any applicable laws, including, but not limited to, the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), the provisions of this chapter, laws generally applicable to local agency procurements and contracts, laws relating to contracting goals for minority and women business participation, and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (B) (i) The administrative code adopted under subparagraph (A) shall include a code of conduct for employees and board members that is consistent with Sections 84308 and 87103 of the Government Code and prohibits board members and staff from accepting gifts valued at ten dollars ($10) or more from contractors, potential contractors, or their subcontractors. (ii) The code shall require the disclosure, on the record, of the proceedings by the officer of the agency who receives a contribution within the preceding 24 months in an amount of more than two hundred fifty dollars ($250) from a party or participant to a proceeding, and the disclosure by the party or participant. (iii) The code shall provide that no officer of the agency shall make, participate in making, or in any way attempt to use his or her official position to influence the decision in a proceeding, as described in Section 84308 of the Government Code, if the officer has willfully or knowingly received a contribution in the amount of more than two hundred fifty dollars ($250) within the preceding 24 months from a party or his or her agent, or from any participant or his or her agent if the participant has a financial interest in the decision. (iv) Any officer deemed ineligible to participate in a proceeding due to the provisions of this code of conduct may be replaced for the purposes of that proceeding by an appointee chosen by the appropriate appointing authority. (v) Under the code of conduct, board members shall be deemed to have a financial interest in a decision within the meaning of Section 87100 of the Government Code if the decision involves the donor of, or intermediary or agent for a donor of, a gift or gifts aggregating ten dollars ($10) or more in value within the 12 months prior to the time the decision was made. (vi) Board members and alternate members shall not be considered financially interested, under or for the purposes of Section 1090 of the Government Code, solely by virtue of their holding office with the authority and, concurrently, holding office with an entity set forth in subdivision (a) of Section 132415, an extension city, or both such an entity and such a city, and they may participate in decisions and agreements regarding the authority, any of the entities set forth in subdivision (a) of Section 132415, and any of the extension cities. The participation described in this clause shall not constitute a conflict of interest under or for the purposes of Section 1090 of the Government Code, or an incompatible employment, activity, or enterprise under or for the purposes of Section 1126 of the Government Code. (c) The authority shall make reasonable progress, as determined by the commission, in the design and construction of the project within the timetable imposed under the 1998 State Transportation Improvement Program. (Amended by Stats. 2012, Ch. 189, Sec. 2. (AB 1600) Effective January 1, 2013.) - 132415. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
This section sets how the authority’s board is composed, how members are appointed, how long they serve, quorum rules, and compensation limits.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132415. (a) The authority shall be governed by a board consisting of five voting members and four nonvoting members who shall be appointed as follows: (1) Three members shall be appointed by the City Councils of the Cities of Los Angeles, Pasadena, and South Pasadena, with each city council appointing one member by a majority vote of the membership of that city council. (2) One member shall be appointed by the President of the Governing Board of the San Gabriel Valley Council of Governments, subject to confirmation by that board. (3) One member shall be appointed by the LACMTA. (4) One nonvoting member shall be appointed by the Governor. (5) Two nonvoting members shall be appointed by the City Councils of the Cities of Pasadena and South Pasadena, with each city appointing one nonvoting member. (6) One nonvoting member shall be appointed by the president of the board of directors of the San Bernardino Associated Governments, subject to confirmation by that board. (b) All members shall serve a term of not more than four years, with no limit on the number of terms that may be served by any person. (c) Each appointing authority shall also appoint an alternate member to serve in a member’s absence. If the position of a voting member becomes vacant, the alternate member shall serve until the position is filled as required pursuant to subdivision (a). (d) Members of the board are subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (e) Three members of the board shall constitute a quorum. (f) The board shall elect a chairperson and vice chairperson from among the membership of the board. (g) Each member of the board may be compensated at a rate of not more than one hundred fifty dollars ($150) per day spent attending to the business of the authority. Compensation, if paid, shall not exceed six hundred dollars ($600) per month, plus expenses directly related to the performance of duties imposed by the authority, including, but not limited to, travel and personal expenses. (h) Members appointed to the board may include members of the entities set forth in subdivision (a), and members of the city councils or other elected officials of the extension cities, or both. The simultaneous membership described in this subdivision shall not constitute a violation of Section 1099 or 1126 of the Government Code. (Amended by Stats. 2012, Ch. 189, Sec. 3. (AB 1600) Effective January 1, 2013.) - 13242. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Form and Content [13241 - 13244] ( Article 2 enacted by Stats. 1951, Ch. 764. )
The board determines the bond denominations, and the bonds must state their payment date, payment place, interest rate, and semiannual interest payments.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Form and Content [13241 - 13244] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13242. The bonds shall be issued in such denomination or denominations as the board determines, and shall be payable on the day and at the place or places fixed in the bonds, and with interest at the rate specified therein, payable semiannually. (Amended by Stats. 1963, Ch. 736.) - 132420. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
The board may appoint an executive director, who is exempt from civil service rules and paid a board-set salary. The executive director may hire staff or consultants and must award contracts under applicable local-agency procurement laws and this chapter, using price or competitive negotiation.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132420. (a) The board may appoint an executive director to serve at the pleasure of the authority. (b) The executive director is exempt from all civil service provisions and shall be paid a salary established by the board. (c) The executive director may appoint staff or retain consultants as necessary to carry out the duties of the authority. (d) All contracts approved and awarded by the executive director shall be awarded in accordance with state laws generally applicable to local agency procurements and contracts, subject to the provisions of this chapter. Awards shall be based on price or competitive negotiation, or on both of those things. (Amended by Stats. 2012, Ch. 189, Sec. 4. (AB 1600) Effective January 1, 2013.) - 132425. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
LACMTA must quickly enter into an agreement with the authority to hold project-related property and assets in trust for completion of the project.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132425. The LACMTA shall identify and expeditiously enter into an agreement with the authority to hold in trust with the authority all real and personal property, and any other assets accumulated in the planning, design, and construction of the project, including, but not limited to, rights-of-way, documents, third-party agreements, contracts, and design documents, as necessary for completion of the project. (Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.) - 13243. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Form and Content [13241 - 13244] ( Article 2 enacted by Stats. 1951, Ch. 764. )
The board may provide for early call and redemption of bonds before they are issued and sold, subject to the stated price cap and notice timing rules.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Form and Content [13241 - 13244] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13243. The board may at any time prior to the issuance and sale of any bonds provide for the call and redemption of any or all of the bonds on any interest payment date prior to their fixed maturity at not exceeding the par value and accrued interest plus a premium of not exceeding 5 percent upon the principal amount of the bonds, in which event the call price fixed by the board shall be set forth on the face of the bond. Notice of such redemption shall be published once a week for three successive weeks in a newspaper of general circulation printed and published within the district or if there is no such newspaper printed and published within the district then the publication shall be made in a newspaper of general circulation printed and published within the county in which the district or any part thereof is situated, the first publication of which shall be at least 30 days prior to the date fixed for the redemption. After the date fixed for such redemption interest on the bonds thereafter shall cease. (Enacted by Stats. 1951, Ch. 764.) - 132430. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
LACMTA must transfer certain unencumbered project funds to the authority, and any transfer is subject to the June 2, 1998 memorandum of understanding.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132430. (a) The LACMTA shall transfer the unencumbered balance of all local funds programmed for completion of the project and that have been identified in the Restructuring Plan adopted by the LACMTA Board of Directors on May 13, 1998, to the authority for completion of the project. (b) The authority is eligible to receive allocations of state funds for the project. The unencumbered balance of funds currently programmed or allocated to the LACMTA for completion of the project and that have been identified in the Restructuring Plan adopted by the LACMTA Board of Directors on May 13, 1998, shall be allocated to the authority for completion of the project. (c) Any transfer of funds by the LACMTA under this section shall be subject to the terms of the memorandum of understanding entered into between the LACMTA and the commission on June 2, 1998. (Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.) - 132435. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
The authority must sign an MOU with LACMTA that covers LACMTA review of significant design or construction changes to the project.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132435. The authority shall enter into a memorandum of understanding with the LACMTA that shall specifically address the ability of the LACMTA to review any significant changes in the scope of the design or construction, or both design and construction, of the project. For purposes of this section, the term “significant change” means any change of mode or technology, or any other substantive change that affects the connectivity and operation of the project as part of the overall transit system operated by the LACMTA, or any combination of those things. Design and construction of a light rail project that is consistent with the current scope of the project shall not be deemed to be a significant change in the scope of the project and shall not require concurrence by the LACMTA. (Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.) - 13244. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Form and Content [13241 - 13244] ( Article 2 enacted by Stats. 1951, Ch. 764. )
Municipal utility district bonds must be signed by specified officers, including the president of the board or an authorized district officer, the treasurer, and the secretary countersigning them.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Form and Content [13241 - 13244] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13244. The bonds shall be signed by the president of the board or by such officer of the district as the board shall by resolution authorize and designate for that purpose. They shall also be signed by the treasurer, and be countersigned by the secretary. The coupons of the bonds shall be numbered consecutively and be signed by the treasurer. All signatures and countersignatures, except that of the treasurer on the bonds, may be printed, lithographed, or engraved. If any officer whose signature or countersignature appears on the bonds or coupons ceases to be such officer before the delivery of the bonds to the purchaser, the signature or countersignature is nevertheless valid and sufficient for all purposes as if he had remained in office until the delivery of the bonds. (Enacted by Stats. 1951, Ch. 764.) - 132440. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
The authority must not encumber any future farebox revenue expected from operating the project.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132440. The authority shall not encumber any future farebox revenue anticipated from the operation of the project. (Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.) - 132445. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
The authority must not tie the project to any obligation that would transfer to LACMTA after design and construction. Rolling stock is excluded from the authority’s design-and-construction role and must be administered by LACMTA.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132445. The authority shall not encumber the project with any obligation that is transferable to the LACMTA upon completion of the design and construction of the project. The design and construction to be administered by the authority does not include rolling stock, which is a component of the operation of the project and shall be administered by the LACMTA. This section does not apply to any joint development programs, as authorized under paragraph (5) of subdivision (a) of Section 132410, that may be utilized to contribute to the financing of project design and construction. (Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.) - 132450. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. )
LACMTA must operate completed phases of the project and, for the San Bernardino segment, its operating authority depends on approval and an operations and maintenance agreement.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 6. Pasadena Metro Blue Line Construction Authority [132400 - 132450] ( Chapter 6 added by Stats. 1998, Ch. 1021, Sec. 1. ) ## 132450. (a) (1) The LACMTA shall assume responsibility for operating all completed phases of the project. (2) Subject to subparagraph (A), the LACMTA shall have the authority to operate the portion of the project located in the County of San Bernardino, which extends approximately one-half mile from the Los Angeles and San Bernardino County line to the Montclair Transit Center. (A) With respect to the portion of the project on the right-of-way owned by the San Bernardino Associated Governments, the LACMTA’s authority to operate the project shall be contingent upon the approval of the board of directors of the San Bernardino Associated Governments, acting as the county transportation commission, through approval of an operations and maintenance agreement with the LACMTA. (B) The operations and maintenance agreement shall provide that the San Bernardino Associated Governments reimburse the LACMTA for the costs of operating that portion of the line located in the County of San Bernardino. (C) Prior to the commencement of construction of the portion of the project in the County of San Bernardino, the authority shall enter into a construction agreement with the San Bernardino Associated Governments, acting as the county transportation commission. (3) Nothing in this section shall be construed to require the LACMTA to allocate funds to the project beyond funds that have been allocated as of January 1, 2012. (b) The authority shall be dissolved when project construction has been completed. (Amended by Stats. 2012, Ch. 189, Sec. 5. (AB 1600) Effective January 1, 2013.) - 13261. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Issue and Sale [13261 - 13263] ( Article 3 enacted by Stats. 1951, Ch. 764. )
Bonds may be issued and sold, but not for less than par value; the board otherwise decides the terms.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Issue and Sale [13261 - 13263] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13261. The bonds may be issued and sold for not less than their par value, but otherwise as the board determines. (Enacted by Stats. 1951, Ch. 764.) - 13262. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Issue and Sale [13261 - 13263] ( Article 3 enacted by Stats. 1951, Ch. 764. )
Bond proceeds must be deposited in the district treasury to the proper fund and used only for the purposes for which the bonds were voted.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Issue and Sale [13261 - 13263] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13262. The proceeds of the bonds shall be placed in the district treasury to the credit of the proper fund, and shall be used exclusively for the objects or purposes for which the bonds were voted. (Enacted by Stats. 1951, Ch. 764.) - 13263. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Issue and Sale [13261 - 13263] ( Article 3 enacted by Stats. 1951, Ch. 764. )
The board may, instead of immediately levying a tax for bonded interest, include enough in the bond estimate to pay interest during acquisition, construction, or completion, but only for up to five years.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Issue and Sale [13261 - 13263] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13263. In lieu of the immediate levy of a tax to pay the interest or any part thereof on any bonded indebtedness incurred in accordance with this division, the board may in the estimate of the amount of money necessary to be raised by the bonds include a sum sufficient to pay interest on all of the bonds or part thereof during the period of acquisition, construction, or completion, but for no period in excess of five years. (Enacted by Stats. 1951, Ch. 764.) - 132651. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. )
This section defines key terms used in the chapter.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. ) ## 132651. As used in this chapter, the following terms have the following meanings: (a) “Authority” means the Tri-Valley-San Joaquin Valley Regional Rail Authority created under this chapter. (b) “Bay Area Rapid Transit” (BART) means the Bay Area Rapid Transit District. (c) “Board” means the governing board of the authority. (d) “Connectivity” means one or more projects necessary to achieve transit connectivity between BART’s rapid transit system and the San Joaquin Regional Rail Commission’s Altamont Corridor Express commuter rail service, and to provide quality, seamless service to riders using the services operating between the Tri-Valley and the San Joaquin Valley. (e) “Tri-Valley” means the Cities of Danville, Dublin, Livermore, Pleasanton, and San Ramon. (Added by Stats. 2017, Ch. 747, Sec. 3. (AB 758) Effective January 1, 2018.) - 132652. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. )
The authority is established to plan, develop, deliver, and operate transit connectivity between BART and the Altamont Corridor Express, and it is treated as a rail transit district for certain Government Code purposes.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. ) ## 132652. (a) The authority is hereby established for purposes of planning, developing, delivering, and operating cost-effective and responsive transit connectivity, between BART’s rapid transit system and the Altamont Corridor Express commuter rail service, that reflects regional consensus and meets the goals and objectives of the San Joaquin Valley and Tri-Valley communities, consistent with the project feasibility report adopted pursuant to Section 132661. (b) The authority shall be considered a rail transit district for the purposes set forth in Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2021, Ch. 220, Sec. 1. (SB 548) Effective January 1, 2022.) - 132655. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. )
The authority’s governing board must include one representative from each listed entity, and each entity’s governing board, mayor, or supervisor must appoint that representative.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. ) ## 132655. The governing board of the authority shall be composed of one representative from each of the following entities to be appointed by the governing board, mayor, or supervisor of each entity: (a) The Bay Area Rapid Transit District. (b) The City of Dublin. (c) The City of Lathrop. (d) The City of Livermore. (e) The City of Manteca. (f) The City of Pleasanton. (g) The City of Stockton. (h) The City of Tracy. (i) The County of Alameda. (j) The County of San Joaquin. (k) The Livermore Amador Valley Transit Authority. (l) The City of Mountain House. (m) The San Joaquin Regional Rail Commission. (n) The City of Danville. (o) The City of San Ramon. (Amended by Stats. 2025, Ch. 417, Sec. 1. (SB 506) Effective January 1, 2026.) - 132656. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. )
The authority has broad powers to plan, build, acquire, operate, and support facilities for transit connectivity, but its contracts cannot include construction inspection services for certain state highway projects.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. ) ## 132656. The authority has all of the powers necessary for planning, acquiring, leasing, developing, jointly developing, owning, controlling, using, jointly using, disposing of, designing, procuring, and constructing facilities to achieve transit connectivity, including, but not limited to, all of the following: (a) Acceptance of grants, fees, allocations, and transfers of moneys from federal, state, and local agencies, including, but not limited to, moneys from local measures, as well as private entities. (b) Acquiring, through purchase or through eminent domain proceedings, any property necessary for, incidental to, or convenient for, the exercise of the powers of the authority. (c) Incurring indebtedness, secured by pledges of available revenue. (d) (1) Contracting with public and private entities for the planning, design, and construction of the connection. These contracts may be assigned separately or may be combined to include any or all tasks necessary to achieve transit connectivity, and may extend to work on the state highway system for the construction of passenger rail service through the Altamont Pass Corridor. (2) Contracting pursuant to paragraph (1) may include the use of the Construction Manager/General Contractor project delivery method, pursuant to Chapter 6.7 (commencing with Section 6970) of Part 1 of Division 2 of the Public Contract Code. (3) Contracts authorized pursuant to paragraph (1) shall not include the authority to perform construction inspection services for projects on, or interfacing with, the state highway system. The Department of Transportation shall perform construction inspection services for these projects consistent with Section 91.2 of the Streets and Highways Code. (e) Entering into cooperative or joint development agreements with local governments or private entities necessary to achieve transit connectivity. These agreements may be entered into for purposes of sharing costs, selling or leasing land, air, or development rights, providing for the transferring of passengers, making pooling arrangements, or for any other purpose that is necessary for, incidental to, or convenient for the full exercise of the powers granted to the authority. For purposes of this subdivision, “joint development” includes, but is not limited to, an agreement with any person, firm, corporation, association, or organization for the operation of facilities or development of projects adjacent to, or physically or functionally related to, achieving transit connectivity. (f) Relocation of utilities, as necessary to achieve transit connectivity. (Amended by Stats. 2024, Ch. 181, Sec. 1. (SB 1068) Effective January 1, 2025.) - 132657. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. )
For the first 18 months, the Livermore Amador Valley Transit Authority’s administrative staff must provide necessary support to the board if a board member has been appointed under Section 132655.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. ) ## 132657. For an initial 18-month period, the Livermore Amador Valley Transit Authority’s administrative staff shall, if that authority has appointed a member to the board in accordance with Section 132655, provide all necessary administrative support to the board to perform its duties and responsibilities. At the conclusion of the initial period, the board may select the Livermore Amador Valley Transit Authority or the San Joaquin Regional Rail Commission to provide administrative support, or may alternatively hire an executive director for those functions. If an executive director is hired, the executive may appoint staff or retain consultants as necessary to carry out the duties of the authority. (Added by Stats. 2017, Ch. 747, Sec. 3. (AB 758) Effective January 1, 2018.) - 132658. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. )
The authority may seek funding and receive state and federal funds, but it cannot apply for certain Transportation Development Act funds in specified conflict situations without the affected member entity’s written consent.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. ) ## 132658. (a) The unencumbered balance of all local funds programmed for the completion of the BART Livermore extension or that have otherwise been identified for the connectivity shall be transferred to the authority and be considered resources available to effectuate the authority’s purposes pursuant to this chapter, except that local funds controlled by the Alameda County Transportation Commission to be used for completion of the BART Livermore extension or that have otherwise been identified for the connectivity shall continue to be programmed and allocated by the Alameda County Transportation Commission pursuant to measures approved by the voters of Alameda County pursuant to Division 19 (commencing with Section 180000). (b) The unencumbered balance of all local funds programmed for the completion of the BART Livermore extension shall be transferred to the authority and be considered resources available to effectuate the authority’s purposes pursuant to this chapter, except that local funds controlled by the San Joaquin Regional Rail Commission that have otherwise been identified for connectivity shall continue to be programmed and allocated by the San Joaquin Regional Rail Commission pursuant to measures approved by the voters of San Joaquin County pursuant to Division 19 (commencing with Section 180000). (c) The authority is eligible to apply for and receive state and federal funds to perform its duties pursuant to this chapter. (d) The authority may pursue any and all sources of funding to achieve connectivity except that the authority shall not apply for funds available under the Transportation Development Act (Chapter 4 (commencing with Section 99200) of Part 11 of Division 10) for which any member entity of the authority may also be an applicant or for which any member entity of the authority is charged with approving applications for funding under that act, without the express written consent of that affected member entity. (Added by Stats. 2017, Ch. 747, Sec. 3. (AB 758) Effective January 1, 2018.) - 132659. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. )
The authority may make agreements to support transit connectivity, and two named governing boards may approve or deny certain feasibility-report recommendations if those recommendations are included in the report.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. ) ## 132659. (a) The authority may enter into agreements with the Bay Area Rapid Transit District, the San Joaquin Regional Rail Commission, or any other entity to address any and all issues necessary to achieve transit connectivity, consistent with the project feasibility report’s findings, conclusions, and recommendations adopted pursuant to Section 132661. (b) If the project feasibility report includes a recommendation for an extension of BART’s rapid transit system, the governing board of the Bay Area Rapid Transit District shall have the authority to approve or deny the recommendation. (c) If the project feasibility report includes a recommendation for an extension of the Altamont Corridor Express commuter rail service, the governing board of the San Joaquin Regional Rail Commission shall have the authority to approve or deny the recommendation. (Added by Stats. 2017, Ch. 747, Sec. 3. (AB 758) Effective January 1, 2018.) - 132660. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. )
The authority and its contracted operators must follow the Meyers-Milias-Brown Act, the California Public Records Act, and the Ralph M. Brown Act.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. ) ## 132660. The authority and any entity contracted with to serve as the operator of any transit connectivity developed and delivered pursuant to this chapter shall be subject to all of the following: (a) The Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code). (b) The California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 409. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.) - 132661. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. )
The authority must prepare and post a project feasibility report about transit connectivity by July 1, 2019, and later submit it to specified transportation bodies after approval.
## Public Utilities Code - PUC ## DIVISION 12.7. COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS [132000 - 132661] ( Heading of Division 12.7 renumbered from Division 12.5 (as added by Stats. 1985, Ch. 1576) by Stats. 1988, Ch. 160, Sec. 162. ) ## CHAPTER 8. Tri-Valley-San Joaquin Valley Regional Rail Authority [132651 - 132661] ( Chapter 8 added by Stats. 2017, Ch. 747, Sec. 3. ) ## 132661. (a) On or before July 1, 2019, the authority shall provide a project feasibility report to the public, to be posted on the authority’s internet website, on the plans for the development and implementation of transit connectivity. The report, at a minimum, shall include the following elements: (1) Recommendations for expediting the development of cost-effective and responsive transit connectivity between BART’s rapid transit system and the Altamont Corridor Express commuter rail service. (2) The identification of a preferred entity or entities to deliver transit connectivity, including the role each entity will play in planning, designing, financing, constructing, operating, maintaining, and the leasing, developing, or disposing of land, facilities, or equipment, necessary to deliver and operate transit connectivity. (3) A funding plan describing any grants, loans, allocations, fund transfers, or awards of local, regional, state, federal, or private funds that are proposed to be made available for achieving transit connectivity. (4) A description of any plan to finance the development of transit connectivity, including a description of any revenue source or sources to be pledged for financing, the duration of time to complete the financing, and the estimated total cost of financing. (5) A proposed schedule for the completion of transit connectivity. (6) A preliminary design for the project or projects to complete transit connectivity, including the identification of right-of-way, routes, stations, equipment, and any other facilities necessary to achieve transit connectivity. (b) The authority may use any relevant environmental review documents previously completed by the Bay Area Rapid Transit District or the San Joaquin Regional Rail Commission to prepare the report specified in subdivision (a). (c) Upon completion and approval by the authority of the project feasibility report required under subdivision (a), the authority shall submit the report to the Metropolitan Transportation Commission, the governing board of the Bay Area Rapid Transit District, the governing board of the San Joaquin Regional Rail Commission, the policy committees of each house of the Legislature with jurisdiction over transportation policy matters, and the Transportation Agency. (Amended by Stats. 2021, Ch. 220, Sec. 2. (SB 548) Effective January 1, 2022.) - 132800. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 1. General Provisions and Creation of Commission [132800 - 132801] ( Chapter 1 added by Stats. 2009, Ch. 56, Sec. 1. )
The Imperial County Transportation Commission is created, succeeds the Imperial Valley Association of Governments, and must take over that entity’s assets and liabilities.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 1. General Provisions and Creation of Commission [132800 - 132801] ( Chapter 1 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132800. There is hereby created the Imperial County Transportation Commission. The commission shall be the successor agency to the Imperial Valley Association of Governments and shall assume all assets and liabilities of that entity. The area of jurisdiction of the commission shall consist of all of the incorporated and unincorporated area of Imperial County. (Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.) - 132801. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 1. General Provisions and Creation of Commission [132800 - 132801] ( Chapter 1 added by Stats. 2009, Ch. 56, Sec. 1. )
This section sets the membership of the Imperial County Transportation Commission’s governing board and allows it to include certain nonvoting members.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 1. General Provisions and Creation of Commission [132800 - 132801] ( Chapter 1 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132801. (a) The governing board of the commission shall consist of the following members: (1) Two members of the Imperial County Board of Supervisors. The term of a member under this paragraph terminates when he or she ceases to hold that office or when replaced by the board of supervisors. (2) One member from each incorporated city within Imperial County who shall be the mayor of the city or a member of its city council. The term of a member under this paragraph terminates when he or she ceases to hold that office or when replaced by the city council. (3) One member of the board of directors of the Imperial Irrigation District. The term of a member under this paragraph terminates when he or she ceases to hold that office or when replaced by the board of directors of the district. (4) One nonvoting member appointed by the Governor representing the Department of Transportation. (b) The governing board of the commission may also include the following nonvoting members: (1) One member representing the State of Baja California, Mexico, who may be appointed by the governor of the state. (2) One member representing the municipality of Mexicali, Mexico, who may be the mayor or his or her designee. (3) One member representing the Consul of Mexico in Calexico, California, who may be the consul or his or her designee. (4) One member representing any federally recognized Native American tribe in Imperial County. (Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.) - 13281. Verify source ↗
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. )
The board may refund bonded indebtedness, or part of it, and issue refunding bonds if it decides by a two-thirds resolution that refunding would benefit the district.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 13281. Whenever the board by resolution passed by a vote of two-thirds of all its members determines that the refunding of the whole or any portion of the bonded indebtedness will be of advantage to the district the board may refund the bonded indebtedness or any portion thereof and issue refunding bonds of the district therefor. (Enacted by Stats. 1951, Ch. 764.)
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