Public Utilities Code, 1951

The election must be conducted under applicable general election rules from the Elections Code.

A person may vote at the election only if registered as a voter of the county.

The county registrar of voters must canvass the returns and certify the election results to the board of supervisors.

The board of supervisors must make all arrangements for the district election, and the election cost is charged to the county’s general funds.

If a majority votes for the district’s formation, the board of supervisors must declare the result, declare the district formed, and file a certified copy of the order with the Secretary of State.

An informality does not invalidate district formation unless it substantially harms a citizen’s legal rights. Challenges to the formation’s validity must be started within 90 days after the election result order is filed with the Secretary of State.

Passenger stage corporations generally need commission approval before operating passenger stages on public highways, and certain transfers of their rights or permits also need commission authorization.

The commission must not approve transfer of a certificate to a person or entity with an unsatisfied final judgment that has been reported to the commission, unless the judgment has been satisfied or discharged in bankruptcy.

The district’s government is a nine-member board of directors, filled through three appointment methods with membership qualifications for each group.

The appointed board members must meet within 30 days after the district is formed, and the clerk of the board of supervisors sets the date of that first meeting.

The board must elect a chairman and vice chairman at its first meeting and then annually at the first January meeting. If both are absent or unable to act, the members present must choose a chairman pro tem from among themselves.

The board must establish rules for its proceedings.

A majority of the board members makes a quorum, and board actions need an affirmative majority vote.

The board’s acts must be expressed by motion, resolution, or ordinance.

Board meetings must be conducted according to the Ralph M. Brown Act.

Board members serve four-year terms, except the first board’s initial terms are split by lot between two and four years.

Each board member’s term expires on December 31 of the year the term is set to end.

The body that originally appointed a member whose term has expired must appoint that member’s successor.

If a board seat becomes vacant, the original appointing body must appoint someone to serve the rest of the term.

Board members must be paid compensation set by the board, subject to a $100 limit per meeting and a $400 monthly cap, and they may also recover actual necessary expenses.

The board is the district’s legislative body and must determine all questions of district policy.

The board of directors must have a certified public accountant perform a postaudit of the district’s financial transactions and records at least annually, and it has authority over several district management and operating matters.

The district’s officers are the board members, board chair, secretary, general manager, legal counsel, controller, treasurer, and any other officers, assistants, or deputies the board provides for by ordinance.

The county may provide assistance to the district, and the district must reimburse the county for those services.

Specified Government Code ethics/conflict-of-interest provisions apply to all district officers, employees, and contracts.

The general manager has specified powers and duties for district administration, budgeting, staffing, transit planning, facility operations, reporting, and any additional tasks required by the board.

Applicants for a passenger stage certificate or transfer must file an application with the commission, and the commission may grant, deny, partly grant, or condition the certificate.

The commission may not issue or transfer a certificate unless the applicant has a mandatory drug and alcohol testing program, and drivers and applicants have specific testing, reporting, cost, and confidentiality duties.

The commission must issue a certificate to each passenger stage corporation that provides intrastate passenger transportation service under federal operating authority, unless regulation of that service is preempted.

The district has perpetual succession and may adopt and change a seal.

The district may sue and be sued in competent courts, unless another law provides otherwise.

Claims for money or damages against the district are governed by Government Code Division 3.6, except as otherwise provided there or by other statutes or regulations expressly applicable.

The district may levy and collect taxes, or have them collected, for any lawful purpose as provided by law.

District elections must be called, held, and conducted under county election law, unless this part says otherwise.

The district may make contracts and enter into stipulations, including for indemnity, labor, and other acts needed to exercise its powers.

The district may enter contracts with U.S. agencies, public agencies, or private persons if the board finds the terms are in the district’s best interest.

The district must use competitive contracting rules for buying supplies, equipment, and materials above certain dollar thresholds.

After rejecting bids, the board may buy supplies, equipment, or materials in the open market if it makes a two-thirds vote finding that the open market price would be lower.

The district may buy insurance for accidents, system destruction, lost revenues, and bond-related insurance costs.

The district may contract for the services of independent contractors.

The district may acquire and hold real or personal property, and the board may lease, mortgage, sell, or otherwise dispose of such property, when needed for the district’s powers.

The district may acquire and deal in property for qualifying transit-oriented joint development projects, but those projects must follow local zoning and land use rules.

The district may use eminent domain to take property needed for its powers, and if it does, it must pay certain moving-related costs for affected public agency or utility property.

The district may bring eminent domain proceedings, but taking or acquiring railroad property that involves abandonment, removal, relocation, or use of that property is not allowed unless the Public Utilities Commission approves it after a hearing.

The district is entitled to benefit from certain reservations or grants involving rights for public agencies to build or maintain roads, highways, or crossings over land.

The board must adopt a general transit plan for the district.

The general transit plan, and any element or amendment of it, must be adopted using the procedure in this article.

The general manager must submit the proposed plan, or an amendment, to the board, and the board must hold a public hearing. Notice of the hearing must be given at least 30 days ahead, published under Government Code Section 6061, and mailed to each city council in the county.

The board must adopt the general plan, or any element or amendment of it, by resolution.

The district may adopt official plan lines for planned transit rights-of-way, and it must do so in the same manner as adopting the general plan.

This section says Article 5 of the Government Code does not apply to the district.

The district may provide transit service inside or outside the district to transport passengers, their incidental baggage, and parcels, by any means.

The district may run charter bus service, but only under listed limits on equipment, rate-setting, notice, and service area.

The district may acquire, build, own, operate, control, or use transit facilities and related property.

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

The board may contract with a public agency or person to provide transit facilities and services for the district.

The district may build, acquire, and operate transit works and facilities in specified places, including along public highways and certain waters or state lands.

The district may make agreements with public agencies or public utilities to share property and transit arrangements.