Public Utilities Code — Part 8 | PUC — United States — California law | Esheria

Public Utilities Code

Part 8 of 38 · provisions 1,401–1,600

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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Provisions of Public Utilities Code

Showing 200 of 7,473

  1. 12814.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may add fluorine or fluorine compounds to its water supply only if the district’s voters have approved it.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12814. A district may add fluorine or fluorine compounds to the water supply of the district only if the voters of the district have approved the addition of the fluorine and fluorine compounds to the water supply. If a majority of the voters of a district voting upon the proposition at an election called and held as prescribed in Section 12815 have voted in favor of the addition of fluorine and fluorine compounds to the water supply of the district, the district shall, subject to Article 1 (commencing with Section 116275), of Chapter 4 of Part 12 of Division 104 of, and Sections 116325, 116340, 116345, and 116500 of, the Health and Safety Code, add to water intended for consumption or use by the public, including domestic, industrial, and other uses, fluorine and fluorine compounds. (Amended by Stats. 1996, Ch. 1023, Sec. 411. Effective September 29, 1996.)
  2. 12815.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The board may call a special election on adding fluorine or fluorine compounds to the district water supply, but the ordinance must set the election details and the ordinance must be published.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815. The board may call a special election at any time for the purpose of submitting to the voters of the district the proposition as to whether or not the voters approve the addition of fluorine and fluorine compounds to the public water supply of the district. The ordinance calling an election shall fix the date on which the election shall be held, the wording of the proposition and the manner of holding the election and of voting for or against the proposition. The election shall be consolidated, in the manner provided in Section 13209, with a statewide primary or general election. The ordinance shall be published. Another election in the district on the same or substantially the same proposition shall not be called by the board, pursuant to this section or Section 12815.1, within four years after such election. (Amended by Stats. 1979, Ch. 1098.)
  3. 12815.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The board must adopt an ordinance calling an election on adding fluorine and fluorine compounds to the district’s public water supply if a sufficient petition is filed with the district secretary.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815.1. The board shall adopt an ordinance, in accordance with Section 12815, calling an election for the purpose of submitting to the voters of the district the proposition as to whether or not the voters approve the addition of fluorine and fluorine compounds to the public water supply of the district, when a petition for the election has been filed with, and certified as sufficient by, the secretary of the district. The election shall be conducted in accordance with Section 12815. Petitions meeting the requirements of Sections 12814 to 12816, inclusive, shall be in lieu of the initiative procedure provided by Article 1 (commencing with Section 9300) of Chapter 4 of Division 9 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 183. Effective January 1, 1995.)
  4. 12815.2.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Petitions that meet this article’s requirements must be certified as sufficient.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815.2. Petitions which meet the requirements of this article shall be certified as sufficient. (Added by Stats. 1979, Ch. 1098.)
  5. 12815.3.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Before circulating a petition, the proponents must publish a notice of intention, include a printed statement of reasons, and meet filing and timing requirements.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815.3. Before circulating the petition, its proponents shall publish a notice of intention to do so. The notice shall be accompanied by a printed statement, not exceeding 500 words in length, stating the reasons for the petition. The notice and statement shall be published at least once in a newspaper of general circulation which is published in the district. Within 10 days after notice is published, the proponents shall file a copy of such notice and the accompanying statement, and an affidavit as to the publishing thereof, with the secretary. The petition may be circulated among the voters of the district twenty-one days after notice is published. The petition shall bear a copy of the printed notice of intention and its accompanying statement. Signatures shall be secured and the petition shall be presented to the secretary for filing within 180 days from the date of the first publication of the notice of intention. (Added by Stats. 1979, Ch. 1098.)
  6. 12815.4.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A petition for a special election must state that public interest or necessity requires the election to let district voters decide whether fluorine and fluorine compounds should be added to the district water supply.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815.4. The petition shall declare that the public interest or necessity demands that a special election be called by the board of directors for the purpose of submitting to the voters of the district the proposition as to whether or not the voters approve the addition of fluorine and fluorine compounds to the public water supply of the district. The petition may be presented in sections, but each section shall contain a declaration of public interest or necessity, and shall have attached thereto an affidavit substantially in the same form as set forth in Section 9022 of the Elections Code. In addition, each section shall be designed as set forth in Section 9020 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 184. Effective January 1, 1995.)
  7. 12815.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A resident registered voter in the district may circulate the petition anywhere in the district, but each petition section must show a county name and only registered voters from that county may sign that section.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815.5. Any registered voter who is a resident of the district may circulate the petition anywhere within the district. Each section of the petition shall bear the name of a county, and only registered voters of that county shall sign such section. (Added by Stats. 1979, Ch. 1098.)
  8. 12815.6.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A petition must be filed by the proponents or their written designees, all at once. The secretary must count signatures and accept the petition if it has at least 5% of the district’s registered voters’ signatures.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815.6. The petition shall be filed by the proponents, or by any person or persons authorized, in writing, by the proponents. All sections of the petition shall be filed at one time. When the petition is presented for filing, the secretary shall determine the total number of signatures affixed to the petition. If, from this examination, the secretary determines that the petition has been signed by at least 5 percent of the registered voters in the district, then the secretary shall accept the petition for filing. The petition shall be deemed as filed on that date. Any sections of the petition not so filed shall be void for all purposes. (Added by Stats. 1979, Ch. 1098, Sec. 7.5.)
  9. 12815.7.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    If a petition has more than 500 signatures, the secretary must verify them by random sampling within 30 days of filing.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815.7. If the petition contains more than 500 signatures, the secretary shall, within 30 days from the date such petition is filed, verify such signatures by means of a random sampling. The random sample of signatures shall be drawn in such a manner that every signature filed with the secretary is given an equal opportunity to be included in the sample. Such a random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater. If the projection made from the random sampling as to signature validity shows the number of valid signatures as between 90 and 110 percent of the signatures needed to declare the petition sufficient, the secretary shall examine and verify each signature filed. (Added by Stats. 1979, Ch. 1098.)
  10. 12815.8.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The secretary may use a duplicate file of affidavits or compare signatures with facsimiles of voter signatures, if the facsimile-preparation and display method complies with law.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815.8. In determining valid signatures from voter registration records, the secretary may use the duplicate file of affidavits or may check the signatures against facsimiles of voter signatures, provided that the method of preparing and displaying the facsimiles complies with law. (Added by Stats. 1979, Ch. 1098.)
  11. 12815.85.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The secretary must attach a certificate of the signature-examination result to the petition and notify the proponents whether the petition is sufficient or insufficient.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815.85. The secretary shall attach to the petition, a certificate showing the result of the signature examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition. (Added by Stats. 1979, Ch. 1098.)
  12. 12815.9.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    If a petition is insufficient, no action may be taken on it; if it is sufficient, the secretary must certify the signature-examination results to the board at the next regular meeting.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12815.9. If the petition is found insufficient, no action shall be taken on it. However, the failure to secure sufficient signatures shall not preclude the later filing of a new petition to the same effect. If the petition is found to be sufficient, the secretary shall certify the results of the signature examination to the board at its next regular meeting. (Added by Stats. 1979, Ch. 1098.)
  13. 12816.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Before the election, the county elections official must publish notice, set a deadline for argument submission, and mail one pro and one con argument to each registered voter. Voters may file arguments, but length and signature limits apply.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12816. (a) At least 90 days prior to the election provided for in Sections 12815 and 12815.1, notice of the election shall be published within the district. Any voter or group of voters may prepare and file with the county elections official of the county containing the largest number of voters within the district an argument for or against the proposition to be submitted. The argument shall not be greater than 300 words in length. If more than one argument for or more than one argument against the proposition is filed within the time permitted the county elections official shall select one of the arguments for printing. No more than three signatures shall appear with any argument. The county elections official of each county in the district shall mail, or cause to be mailed, to each registered voter in that county in the district one copy of the argument for and one copy of the argument against the proposition. The arguments shall be mailed with the sample ballot. (b) Based on the time reasonably necessary to prepare and print the arguments and sample ballots for the particular election, the county elections official shall fix and determine a reasonable date prior to the election after which no arguments for or against the proposition may be submitted for printing and distribution to the voters as provided in this section. Notice of the date fixed shall be published by the county elections official pursuant to Section 6061 of the Government Code. Arguments may be changed up to and including the date fixed by the county elections official. (Amended by Stats. 2002, Ch. 221, Sec. 85. Effective January 1, 2003.)
  14. 12817.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may build, maintain, improve, and operate public recreational facilities tied to its water reservoir, and may spend funds on them.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12817. A district may, through contract or otherwise, construct, maintain, improve and operate public recreational facilities appurtenant to any water reservoir owned or operated by the district, and the district may expend funds on such public recreational facilities. (Amended by Stats. 1967, Ch. 337.)
  15. 12818.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A publicly owned utility generally may not start selling or distributing water into certain district land already served and already subject to the district’s bonded debt, unless the district board approves by resolution or voters approve at a special election.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12818. (a) No publicly owned utility shall commence the distribution or sale of water for municipal, domestic, industrial or similar purposes for, on, or to, any land within a district already engaged in similar distribution or sale of water and which land is already subject to the lien of a general obligation bonded indebtedness of the district for these purposes. However, a publicly owned utility may commence to provide the service to the land, otherwise prohibited, upon either of the following conditions: (1) If the board of directors of the district shall by resolution permit the service. (2) In any portion of the district proposed to be served by the publicly owned utility in which the total number of registered voters residing therein exceeds 200, and in which at least two-thirds of the voters shall have voted at a special district election to permit the service. The election shall be called and held as an initiative measure pursuant to Article 1 (commencing with Section 9300) of Chapter 4 of Division 9 of the Elections Code. (b) As used in this section, “district” shall mean only a municipal utility district. (Amended by Stats. 1994, Ch. 923, Sec. 185. Effective January 1, 1995.)
  16. 12819.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Districts that furnish light, heat, or power may not spend advertising funds to encourage higher consumption, but they may spend on certain efficiency, conservation, economic development, customer-retention, and electrotechnology advertising.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12819. (a) Every district furnishing light, heat, or power shall expend no funds for advertising when the advertising encourages increased consumption of the services or commodities. (b) Nothing in this section shall prohibit a district furnishing light, heat, or power from expending funds for advertising which encourages the more efficient operation of the facilities, works, or utilities of the district, or for advertising which encourages the more efficient use of light, heat, or power, the conservation of energy or natural resources, or presents accurate information on the economical purchase, maintenance, or use of any appliance or device using light, heat, or power. (c) Nothing in this section shall prohibit a district furnishing light, heat, or power from expending funds for advertising for the purposes of economic development that benefits ratepayers, retaining customers, marketing competitive services and commodities, or promoting electrotechnologies that enhance productivity or provide environmental benefits, within or without the district. (Amended by Stats. 1997, Ch. 175, Sec. 2. Effective January 1, 1998.)
  17. 12819.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A municipal utility district must offer a reasonable alternative when a customer cannot appear in person for a required transaction during usual business hours.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12819.5. Whenever a business transaction of a municipal utility district furnishing electricity, gas, water service where the utility has 10,000 or more service connections, or telephone service is such that a personal appearance by a person is required by the district and the person is unable to appear at the district’s place of business during the district’s usual business hours, then the district shall provide a reasonable and convenient alternative to the person such as an appointment outside the district’s usual business hours or allowing the person to conduct the transaction by telephone, mail, or both. (Added by Stats. 1995, Ch. 614, Sec. 3. Effective January 1, 1996.)
  18. 12820.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may hire a security force, but its security officers must meet peace officer standards, and officers who stop meeting those standards lose security officer powers.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12820. (a) A district may employ a suitable security force. The employees of the district that are designated by the general manager as security officers shall have the authority and powers conferred by subdivision (a) of Section 830.34 of the Penal Code upon peace officers. The district shall adhere to the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training pursuant to Title 4 (commencing with Section 13500) of Part 4 of the Penal Code. (b) Every security officer employed by a district shall conform to the standards for peace officers of the Commission on Peace Officer Standards and Training. Any officer who fails to conform to these standards shall not continue to have the powers of a security officer. (Amended by Stats. 1989, Ch. 1165, Sec. 45.)
  19. 12821.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Violations of certain district rules are misdemeanors unless the district makes them infractions by ordinance.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12821. (a) Notwithstanding Section 117070 or 117120 of the Health and Safety Code, any violation of a rule or regulation of a district adopted pursuant to Section 117060 or 117105 of the Health and Safety Code shall be a misdemeanor unless the district by ordinance declares the violations to be an infraction. (b) Every violation declared an infraction pursuant to subdivision (a) shall be punishable by (1) a fine not exceeding fifty dollars ($50) for a first violation; (2) a fine not exceeding one hundred dollars ($100) for a second violation of the same ordinance within one year; and (3) a fine not exceeding two hundred fifty dollars ($250) for each additional violation of the same ordinance within one year. (Amended by Stats. 1996, Ch. 1023, Sec. 412. Effective September 29, 1996.)
  20. 12821.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Master-meter customers serving tenants in certain residential complexes must maintain and repair submeter facilities, bill users item by item, keep charges at or below the district residential rate, and post the district’s residential rate schedule.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12821.5. (a) Whenever residential light, heat, or power is furnished through a submeter system by a master-meter customer for sale to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer is responsible for maintenance and repair of its submeter facilities beyond the master meter, and nothing in this section requires a district to make repairs to or perform maintenance on the submeter system. (b) Every master-meter customer shall provide an itemized billing of charges for light, heat, and power to each individual user generally in accordance with the form and content of bills of the district to its residential customers, including, but not limited to, the opening and closing readings for the meter, and the identification of all rates and quantities under the applicable rate structure. The master-meter customer shall charge each user of the service at a rate which does not exceed the rate which would be applicable if the user were receiving residential light, heat, or power directly from the district. The master-meter customer shall also post, in a conspicuous place, the applicable prevailing residential rate schedule, as published by the district. (c) The district shall notify each master-meter customer of its responsibilities to its users under this section. (Added by Stats. 1986, Ch. 512, Sec. 1.)
  21. 12822.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    If a district serves individually metered residential utilities in a landlord-tenant setting, it must try to notify occupants in writing before termination, must allow eligible occupants to become customers without paying the delinquent account, and may require or permit service only under stated conditions.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12822. (a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling. (b) If a district furnishes individually metered residential light, heat, water, or power to residential occupants in a detached single-family dwelling, multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp, as defined in Section 17008 of the Health and Safety Code, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record of the service, the district shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears, that service will be terminated in 10 days. The written notice shall further inform the residential occupants that they have the right to become customers of the district without being required to pay the amount due on the delinquent account. The notice shall be in English and in the languages listed in Section 1632 of the Civil Code. (c) The district is not required to make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service, and meets the requirements of the district’s rules. However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the district, or if there is a physical means, legally available to the district, of selectively terminating service to those residential occupants who have not met the requirements of the district’s rules, the district shall make service available to the residential occupants who have met those requirements. (d) If prior service for a period of time is a condition for establishing credit with the district, residence and proof of prompt payment of rent or other credit obligation acceptable to the district for that period of time is a satisfactory equivalent. (e) Any residential occupant who becomes a customer of the district pursuant to this section whose periodic payments, such as rental payments, include charges for residential light, heat, water, or power, where these charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the district for those services during the preceding payment period. (Amended by Stats. 2009, Ch. 560, Sec. 6. (SB 120) Effective January 1, 2010.)
  22. 12822.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district serving residential units through a master meter must give specific advance notice before termination for arrears and cannot terminate service in listed situations.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12822.1. (a) If a district furnishes residential light, heat, water, or power to residential occupants through a master meter in a multiunit residential structure, mobilehome park, or permanent residential structures in a labor camp, as defined in Section 17008 of the Health and Safety Code, and the owner, manager, or operator of the structure or park is listed by the district as the customer of record of the service, the district shall make every good faith effort to inform the residential occupants, by means of a written notice posted on the door of each residential unit at least 15 days prior to termination, when the account is in arrears, that service will be terminated on a date specified in the notice. If it is not reasonable or practicable to post the notice on the door of each residential unit, the district shall post two copies of the notice in each accessible common area and at each point of access to the structure or structures. The notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, of the district without being required to pay the amount due on the delinquent account. The notice also shall specify, in plain language, what the residential occupants are required to do in order to prevent the termination or reestablish service; the estimated monthly cost of service; the title, address, and telephone number of a representative of the district who can assist the residential occupants in continuing service; and the address and telephone number of a legal services project, as defined in Section 6213 of the Business and Professions Code, which has been recommended by the local county bar association. The notice shall be in English and in the languages listed in Section 1632 of the Civil Code. (b) The district is not required to make service available to the residential occupants unless each residential occupant or a representative of the residential occupants agrees to the terms and conditions of service, and meets the requirement of law and the district’s rules. However, if one or more of the residential occupants or the representative of the residential occupants are willing and able to assume responsibility for subsequent charges to the account to the satisfaction of the district, or if there is a physical means, legally available to the district, of selectively terminating service to those residential occupants who have not met the requirements of the district’s rules or for whom the representative of the residential occupants is not responsible, the district shall make service available to the residential occupants who have met those requirements or on whose behalf those requirements have been met. (c) If prior service for a period of time, or other demonstration of credit worthiness is a condition for establishing credit with the district, residence and proof of prompt payment of rent or other credit obligation during that period of time acceptable to the district is a satisfactory equivalent. (d) Any residential occupant who becomes a customer of the district pursuant to this section whose periodic payments, such as rental payments, include charges for residential light, heat, water, or power, where these charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the district for those services during the preceding payment period. (e) If a district furnishes residential service subject to subdivision (a), the district may not terminate that service in any of the following situations: (1) During the pendency of an investigation by the district of a customer dispute or complaint. (2) If the customer has been granted an extension of the period for payment of a bill. (3) For an indebtedness owed by the customer to any other public agency or when the obligation represented by the delinquent account or other indebtedness was incurred with any public agency other than the district. (4) If a delinquent account relates to another property owned, managed, or operated by the customer. (5) If a public health or building officer certifies that termination would result in a significant threat to the health or safety of the residential occupants or the public. (f) Notwithstanding any other provision of law, and in addition to any other remedy provided by law, if the owner, operator, or manager, by any act or omission, directs, permits, or fails to prevent a termination of service while any residential unit is occupied, the residential occupant or the representative of the residential occupants may commence an action for the recovery of all of the following: (1) Reasonable costs and expenses incurred by the residential occupant or the representative of the residential occupants related to restoration of service. (2) Actual damages related to the termination of service. (3) Reasonable attorney’s fees of the residential occupants, the representative of the residential occupants, or each of them, incurred in the enforcement of this section, including, but not limited to, enforcement of a lien. (g) Notwithstanding any other provision of law, and in addition to any other remedy provided by law, if the owner, manager, or operator, by any act or omission, directs, permits, or fails to prevent a termination of service while any residential unit receiving that service is occupied, the corporation may commence an action for the recovery of all of the following: (1) Delinquent charges accruing prior to the expiration of the notice prescribed by subdivision (a). (2) Reasonable costs incurred by the corporation related to the restoration of service. (3) Reasonable attorney’s fees of the corporation incurred in the enforcement of this section or in the collection of delinquent charges, including, but not limited to, enforcement of a lien. If the court finds that the owner, manager, or operator has paid the amount in arrears prior to termination, the court shall allow no recovery of any charges, costs, damages, expenses, or fees under this subdivision from the owner, manager, or operator. An abstract of any money judgment entered pursuant to subdivision (f) or (g) shall be recorded pursuant to Section 697.310 of the Code of Civil Procedure. (h) No termination of service subject to this section may be effected without compliance with this section, and any service wrongfully terminated shall be restored without charge to the residential occupants or customer for the restoration of the service. In the event of a wrongful termination by the district, the district shall, in addition, be liable to the residential occupants or customer for actual damages resulting from the termination and for the costs of enforcement of this section, including, but not limited to, reasonable attorney’s fees, if the residential occupants or the representative of the residential occupants make a good faith effort to have the service continued without interruption. (i) The district shall adopt rules and regulations necessary to implement this section and shall liberally construe this section to accomplish its purpose of ensuring that service to the residential occupants is not terminated due to nonpayment by the customer unless the district has made every reasonable effort to continue service to the residential occupants. The rules and regulations shall include, but are not limited to, guidelines for assistance to actual users in the enforcement of this section and requirements for the notice prescribed by subdivision (a), including, but not limited to, clear wording, large and boldface type, and comprehensive instructions to ensure full notice to the actual user. (j) Nothing in this section broadens or restricts any authority of a local agency that existed prior to January 1, 1989, to adopt an ordinance protecting a residential occupant from the involuntary termination of residential public utility service. (k) This section preempts any statute or ordinance permitting punitive damages against any owner, manager, or operator on account of an involuntary termination of residential public utility service or permitting the recovery of costs associated with the formation, maintenance, and termination of a tenant’s association. (l) For purposes of this section, “representative of the residential occupants” does not include a tenants’ association. (Amended by Stats. 2009, Ch. 560, Sec. 7. (SB 120) Effective January 1, 2010.)
  23. 12822.6.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The district may base a required residential deposit only on the applicant’s creditworthiness, and it cannot charge later tenants or the property owner for a previous tenant’s unpaid utility charges in the stated circumstances.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12822.6. (a) The decision of a district to require a new residential applicant to deposit a sum of money with the district prior to establishing an account and furnishing service shall be based solely upon the creditworthiness of the applicant as determined by the district. (b) No municipal utility district owning or operating a public utility furnishing services for residential use to a tenant under an account established by the tenant shall seek to recover any charges or penalties for the furnishing of services to, or for the tenant’s residential use from, any subsequent tenant or the property owner due to nonpayment of charges by a previous tenant. For this purpose, the term “subsequent tenant” shall not include any adult person who lived at the residence during the period that the charges or penalties accrued. The district may collect a deposit from the tenant service applicant prior to establishing an account for the tenant. The district may not require that service to subsequent tenants be furnished on the account of the landlord or property owner unless the property owner voluntarily agrees to that requirement, nor may the district refuse to furnish services to a tenant in the tenant’s name based on the nonpayment of charges by a previous tenant. (c) A district subject to this section may not demand or receive security in an amount that exceeds twice the estimated average periodic bill or three times the estimated average monthly bill. (d) In the event of tenant nonpayment of all or a portion of the bill, the deposit shall be applied to the final bill issued when service is terminated. (e) This section shall not apply to master-metered apartment buildings. (Amended by Stats. 1998, Ch. 739, Sec. 5. Effective January 1, 1999.)
  24. 12823.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may not cut off residential utility service for nonpayment unless it first gives the required notice, and it must allow review and possible payment amortization in specified dispute and hardship situations.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12823. (a) A district furnishing its inhabitants with light, water, power, or heat shall not terminate residential service for nonpayment of a delinquent account unless the district first gives notice of the delinquency and impending termination, as provided in Section 12823.1. (b) A district shall not terminate residential service for nonpayment in any of the following situations: (1) During the pendency of an investigation by the district of a customer dispute or complaint. (2) When a customer has been granted an extension of the period for payment of a bill. (3) On the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the district pursuant to subdivision (e) with respect to all charges that the customer is unable to pay before delinquency. (c) A residential customer who has initiated a complaint or requested an investigation within five days of receiving a disputed bill, or who has, within 13 days of the mailing of the notice required by subdivision (a), made a request for an extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment, shall be given an opportunity for review of the complaint, investigation, or request by a review manager of the district. The review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, generally within 12 months, but a district may grant a longer period of time if the district finds a longer period of time is necessary to avoid undue hardship to the customer based on the individual circumstances of the case. No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period. (d) A customer whose complaint or request for an investigation pursuant to subdivision (c) has resulted in an adverse determination by the district may appeal the determination to the board. A subsequent appeal of the dispute or complaint to the board is not subject to this section. (e) A customer meeting the requirements of paragraph (3) of subdivision (b) shall, upon request, be permitted to amortize the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment, generally within 12 months, but a district may grant a longer period if the district finds a longer period is necessary to avoid undue hardship to the customer based on the individual circumstances of the case. (Amended by Stats. 2024, Ch. 1000, Sec. 3. (AB 178) Effective September 30, 2024.)
  25. 12823.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may not cut off residential utility service for nonpayment unless it gives the required notices first, including advance notice and, in some cases, contact attempts and special third-party notification options.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12823.1. (a) A district furnishing light, heat, water, or power shall not terminate residential service on account of nonpayment of a delinquent account unless the district first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed not earlier than 19 days from the date of mailing the district’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice. (b) Every district shall make a reasonable attempt to contact an adult person residing at the premises of the customer by telephone or personal contact, at least 24 hours prior to any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the district shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of termination of service, at least 48 hours prior to termination. (c) Every district shall make available to its residential customers who are 65 years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the district will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third-party notification on a form provided by the district, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service. (d) Every notice of termination of service pursuant to subdivision (a) shall include all of the following information: (1) The name and address of the customer whose account is delinquent. (2) The amount of the delinquency. (3) The date by which payment or arrangements for payment is required in order to avoid termination. (4) The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges, except that, if the bill for service contains a description of that procedure, the notice pursuant to subdivision (a) is not required to contain that information. (5) The procedure by which the customer may request amortization of the unpaid charges. (6) The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable. (7) The telephone number of a representative of the district who can provide additional information or institute arrangements for payment. Every notice of termination of service pursuant to subdivision (b) shall include the items of information in paragraphs (1), (2), (3), (6), and (7). All written notices shall be in a clear and legible format. (e) If a residential customer fails to comply with an amortization agreement, the district shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but the notice does not entitle the customer to further investigation by the district. (f) A termination of service shall not be effected without compliance with this section. Any service wrongfully terminated shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the customer’s billing address. (Amended by Stats. 2019, Ch. 497, Sec. 251. (AB 991) Effective January 1, 2020.)
  26. 12824.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A municipal utility district may not shut off electric, gas, heat, or water service for payment delinquency on Saturdays, Sundays, legal holidays, or when its offices are closed to the public.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12824. No electrical, gas, heat, or water municipal utility district shall, by reason of delinquency in payment for any electric, gas, heat, or water services, cause cessation of any such services on any Saturday, Sunday, legal holiday, or at any time during which the business offices of the district are not open to the public. (Added by Stats. 1977, Ch. 1027.)
  27. 12825.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district that furnishes light, heat, or power may carry out energy-saving and alternative-energy activities, but interest on extended payment contracts for related materials or equipment cannot exceed the district’s full financing and related costs.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12825. (a) A district furnishing light, heat, or power may engage in activities to reduce wasteful, uneconomical or unnecessary uses of energy, including, but not limited to, public information programs, the sale of insulation, the sale, rental and lease of materials or equipment for the purpose of conserving energy or reducing the need for the installation of electric generating facilities, and the adoption of voluntary and mandatory load management programs, and may also engage in activities to accelerate and participate in the development of alternative sources of energy including, but not limited to, the supply of equipment for use in connection therewith, and may do all things necessary or convenient to the full exercise of the powers herein granted. The interest rates charged on extended payment contracts for such materials or equipment shall not exceed that necessary to cover the district’s full cost of money plus its administrative costs and anticipated losses due to nonpayment on such contracts. (b) This section does not constitute a change in, but is declaratory of, the existing law. (Added by renumbering Section 12823 (as added by Stats. 1978, Ch. 14) by Stats. 1979, Ch. 373.)
  28. 12826.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Every district must comply with Section 8029.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12826. Every district shall comply with Section 8029.5. (Added by Stats. 1982, Ch. 549, Sec. 3.)
  29. 12827.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district board meeting the stated size and operating-history conditions may run programs to encourage economic development that benefits ratepayers.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12827. The board of a district that has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may engage in programs to encourage economic development that benefits its ratepayers. (Added by Stats. 1994, Ch. 53, Sec. 2. Effective April 26, 1994.)
  30. 12830.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5a. Claims [12830- 12830.] ( Article 5a repealed and added by Stats. 1959, Ch. 1727. )

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    Claims for money or damages against the district are generally governed by specified Government Code provisions, unless those provisions or other applicable statutes or regulations provide otherwise.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5a. Claims [12830- 12830.] ( Article 5a repealed and added by Stats. 1959, Ch. 1727. ) ## 12830. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.)
  31. 12841.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Indebtedness [12841 - 12844] ( Article 6 enacted by Stats. 1951, Ch. 764. )

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    A district may borrow money, incur debt, and issue bonds, but cannot exceed its ordinary annual income and revenue without approval from two-thirds of voting voters, subject to stated exceptions.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Indebtedness [12841 - 12844] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 12841. A district may borrow money and incur indebtedness, and may issue bonds or other evidences of indebtedness. No indebtedness shall be incurred exceeding the ordinary annual income and revenue of the district without the approval of two-thirds of the voters voting on the proposition to incur such indebtedness except as follows: (a) A further vote of the voters is not required for any indebtedness heretofore or hereafter incurred within the purposes and not exceeding the available amount of any previously authorized bond issue, and as to such indebtedness the proceeds of any of the bonds unexpended in the treasury of the district, or the par value of any of the bonds which are unsold shall be deemed a part of the ordinary annual income and revenue of the district. (b) Any district operating a utility under rules requiring applicants for extensions to advance the expenses of such extensions and facilities for serving additional territory may enter into agreements to refund to the applicants in a subsequent year the whole or any part of the expenses so advanced, and the refunds may be paid out of the revenues of subsequent years. (Amended by Stats. 1974, Ch. 761.)
  32. 12842.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Indebtedness [12841 - 12844] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may not incur public-works indebtedness that, in the aggregate, exceeds 20% of the assessed value of all real and personal property in the district.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Indebtedness [12841 - 12844] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 12842. No district shall incur an indebtedness for public works which in the aggregate exceeds 20 percent of the assessed value of all the real and personal property within the district. (Enacted by Stats. 1951, Ch. 764.)
  33. 12843.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Indebtedness [12841 - 12844] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Certain public-utility indebtedness is excluded when calculating the debt limit, if the utility’s recent revenue has been enough to cover bond debt service plus operating and maintenance costs.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Indebtedness [12841 - 12844] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 12843. Indebtedness which has been incurred for the construction and operation of a public utility, where the revenue from the utility for three years or more next preceding has been sufficient to pay the interest and principal due on any bonds issued for its construction or acquisition, in addition to the cost of operation and maintenance, shall not be counted and included in ascertaining the limit of indebtedness, and any indebtedness incurred for the acquisition, construction or operation of a public utility within any special district shall be excluded in ascertaining the aggregate indebtedness specified in Section 12842. (Amended by Stats. 1965, Ch. 210.)
  34. 12844.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Indebtedness [12841 - 12844] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may accept federal contributions or loans, make related contracts, cooperate with federal entities, and do anything necessary to use that aid.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Indebtedness [12841 - 12844] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 12844. A district may accept, without limitation by any other provisions of this division requiring approval of indebtedness, contributions or loans from the United States, or any department, instrumentality, or agency thereof, for the purpose of financing the construction, maintenance, and operation of any enterprise in which the district is authorized to engage, and may enter into contracts and cooperate with, and accept cooperation from, the United States, or any department, instrumentality, or agency thereof, in the construction, maintenance, and operation, and in financing the construction, maintenance, and operation, of any such enterprise in accordance with any legislation which Congress may have heretofore adopted or may hereafter adopt, under which aid, assistance, and cooperation may be furnished by the United States in the construction, maintenance, and operation or in financing the construction, maintenance, and operation of any such enterprise. A district may do any and all things necessary in order to avail itself of such aid, assistance, and cooperation under any federal legislation now or hereafter enacted. Any evidence of indebtedness issued under this section shall constitute a negotiable instrument. (Enacted by Stats. 1951, Ch. 764.)
  35. 12850.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. )

    Verify source ↗

    This article applies only to districts that have operated an electric, water, or sewage disposal system for at least eight years and have a population of 250,000 or more.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. ) ## 12850. This article shall apply only to districts which have owned and operated an electric distribution, water distribution, or sewage disposal system for at least eight years and which have a population of 250,000 or more. (Amended by Stats. 1979, Ch. 399.)
  36. 12851.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. )

    Verify source ↗

    A district may issue bonds, following the Revenue Bond Law of 1941, to finance specified utility facilities and electricity conservation programs.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. ) ## 12851. A district 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), as it now reads or as hereafter amended, for the purpose of financing the construction, reconstruction, replacement, acquisition, or improvement of any facility or facilities necessary or convenient for the generation, transmission, or distribution of electricity; the storage, transmission, or distribution of water; the furnishing of communications services; or the disposal of sewage; or incidental to, or in connection with, the operation of the electric, water, communications, or sewage disposal system or facilities of the district, or for purposes of financing programs for the conservation of electricity, which shall constitute an “enterprise” within the meaning of Section 54309 of the Government Code. The authority hereby granted to the districts is in addition to all powers granted local agencies under the Revenue Bond Law of 1941, and Section 54310 of the Government Code, insofar as it is inconsistent with that authority, shall not apply. (Amended by Stats. 1982, Ch. 367, Sec. 2.)
  37. 12852.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. )

    Verify source ↗

    Some Government Code bond rules do not apply here, and if a district wants to issue bonds under this article, the board must adopt a preliminary resolution stating key bond details.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. ) ## 12852. Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code, the limitations on the rate of interest set forth in subdivision (b) of Section 54402 of the Government Code and on the discount set forth in Section 54418 of the Government Code, and the requirements for refunding revenue bonds set forth in Sections 53573, 53583, 54388, and 54661 of the Government Code do not apply to the issuance and sale of bonds pursuant to this article. Whenever a district proposes to exercise the power to issue bonds pursuant to this article, the board shall adopt a preliminary resolution declaring its intention to authorize the issuance of bonds, which resolution shall specify all of the following: (a) The purpose for which the proposed bonds are to be issued. (b) The maximum principal amount of the bonds then proposed to be issued. (c) The maximum term for which any of the bonds are to run. (d) The maximum rate of interest to be payable upon the bonds which rate shall be determined by the board. (e) The maximum discount, which shall be determined by the board. (Amended by Stats. 1984, Ch. 984, Sec. 1. Effective September 11, 1984.)
  38. 12853.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. )

    Verify source ↗

    Board resolutions under this article take effect when adopted, but are subject to referendum. The board may also authorize successive bond issues, and that authority is not limited to any one issue.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. ) ## 12853. When bonds are issued under this article, the preliminary resolution of the board adopted pursuant to this article shall take effect upon its adoption by the board subject to the right of referendum provided for in this article. Successive issues of bonds may be authorized under this article from time to time and the authority herein contained shall not be limited to any particular issue. (Added by Stats. 1965, Ch. 916.)
  39. 12854.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. )

    Verify source ↗

    The board must publish the resolution, and a referendum petition may be filed within 60 days after the second publication if signed by voters equal to at least 3% of the total vote cast.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. ) ## 12854. Upon any such resolution taking effect subject to the right of referendum pursuant to this article, the board shall cause the same to be published in the manner provided for the publication of notices. At any time within 60 days after the date of the second such publication a referendum petition, signed by voters in number equal to at least 3 percent of the total vote cast, as defined in Section 11507, demanding the submission of such resolution to a vote of the voters of the district for their assent to the issuance of the proposed bonds, may be filed with the secretary. Upon presentation to the secretary of a referendary petition, the resolution which is the subject thereof shall be of no effect unless and until it has been assented to by the voters. (Added by Stats. 1965, Ch. 916.)
  40. 12855.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. )

    Verify source ↗

    If no referendary petition is filed within 60 days, or voters approve the bond proposition, the board’s resolution becomes final and the board may issue bonds.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. ) ## 12855. If no such referendary petition is presented within the period of 60 days, then upon the expiration of such period, or if the proposition of issuing the bonds specified in the resolution of the board adopted pursuant to this article has been assented to by a majority of the voters voting on the proposition, whether upon referendum or pursuant to Section 12856, then upon such proposition having been so assented to, the resolution shall take full and final effect, and the board may proceed in accordance with the provisions of this article and issue bonds within the terms of the resolution and in accordance with the applicable provisions of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300), Part 1, Division 2, Title 5, Government Code). (Added by Stats. 1965, Ch. 916.)
  41. 12856.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. )

    Verify source ↗

    The board may, and must if a referendum petition is filed, call a special election on issuing revenue bonds; the election notice must set the date, proposition, voting method, and be published.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. ) ## 12856. The board at any time may, and upon the filing of a referendum petition as provided in Section 12854 shall, adopt a resolution calling a special election for the purpose of submitting to the voters of the district the proposition of issuing revenue bonds in conformity with the preliminary resolution adopted pursuant to Section 12852. The resolution calling the election shall fix the date on which the election is to be held, the proposition to be submitted thereat, the manner of holding the election and of voting for or against the proposition, and shall state that in all other particulars the election shall be held and the votes canvassed as provided by law for the holding of elections within the district. Such election may be held separately or may be consolidated with any other election authorized by law at which the voters of the district may vote. The resolution calling the election shall be published and no other notice of the election need be given. The votes of a majority of all the voters voting on the proposition at the election are required to authorize the issuance of revenue bonds. (Added by Stats. 1965, Ch. 916.)
  42. 12857.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. )

    Verify source ↗

    This section says the authority given here is additional to Chapter 7 authority, and qualifying indebtedness is not counted in the aggregate indebtedness under Section 12842.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements [12850 - 12857] ( Heading of Article 6a amended by Stats. 1982, Ch. 367, Sec. 1. ) ## 12857. The authority herein contained shall be in addition to the authority conferred by Chapter 7 of this division and indebtedness incurred in accordance with the authority herein contained shall not be included in ascertaining the aggregate indebtedness specified in Section 12842. (Added by renumbering Section 12852 by Stats. 1965, Ch. 916.)
  43. 12860.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6b. Bonds [12860- 12860.] ( Article 6b added by Stats. 1970, Ch. 245. )

    Verify source ↗

    District bonds covered by the referenced Government Code article may bear interest at board-set rates and may be sold at a discount.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6b. Bonds [12860- 12860.] ( Article 6b added by Stats. 1970, Ch. 245. ) ## 12860. Bonds issued by a district, pursuant to Article 8 (commencing with Section 53540) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, may bear interest at the rate or rates as may be fixed by the board of directors without regard to the limitations set forth in Section 53541 of the Government Code, and may be sold at a discount, as determined by the board of directors. (Amended by Stats. 1983, Ch. 394, Sec. 2. Effective July 26, 1983.)
  44. 12871.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Investments [12871 - 12875] ( Article 7 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may invest surplus treasury money, including sinking fund money, in the listed investment types.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Investments [12871 - 12875] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 12871. A district may invest any surplus money in its treasury, including money in any sinking fund, in any of the following: (a) Its own bonds, whether issued on behalf of the entire district or any special district. (b) Treasury notes, certificates of indebtedness, bills, bonds of the United States, or any other evidence of indebtedness secured by the full faith and credit of the United States. (c) Obligations issued pursuant to the Federal Home Loan Bank Act or the National Housing Act. (d) Treasury notes or bonds of this state, or of any public corporation, municipal corporation, public district, or political subdivision within this state which are legal as security for the deposit of public funds. (e) Obligations issued by federal intermediate credit banks, federal land banks, and banks for cooperatives. (f) Obligations issued or assumed by the International Bank for Reconstruction and Development, the Tennessee Valley Authority, the Inter-American Development Bank, or Export-Import Bank of Washington participation certificates. (g) Banker’s acceptances of banks having total deposits of one billion dollars ($1,000,000,000) or more. (h) Any securities in which savings banks in this state may legally invest their funds pursuant to Sections 1350 to 1366, inclusive, of the Financial Code; provided, that the provisions of said sections limiting the amount which a savings bank may invest in securities to a specified percent of its paid-up capital and surplus, or savings deposits, shall not apply to investments authorized by the terms of this section. (Amended by Stats. 1967, Ch. 926.)
  45. 12872.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Investments [12871 - 12875] ( Article 7 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section says an investment may be made by direct purchase of certain bonds, treasury notes, or obligations, either at the original sale or later by purchase.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Investments [12871 - 12875] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 12872. Such investment may be made by direct purchase of any issue of such bonds, treasury notes, or obligations, or part thereof, at the original sale or by the subsequent purchase of the bonds, treasury notes, or obligations. (Enacted by Stats. 1951, Ch. 764.)
  46. 12873.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Investments [12871 - 12875] ( Article 7 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The district may sell certain investment securities and reinvest the proceeds in similar securities.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Investments [12871 - 12875] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 12873. Any bonds, treasury notes, or obligations purchased and held as investments by the district may from time to time be sold and the proceeds reinvested in bonds, treasury notes, or obligations as provided in this article. (Enacted by Stats. 1951, Ch. 764.)
  47. 12874.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Investments [12871 - 12875] ( Article 7 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The district must sell purchased bonds, treasury notes, or other obligations in season and from time to time, so the proceeds can be used for the purpose of the original purchase money.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Investments [12871 - 12875] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 12874. Sales of any bonds, treasury notes, or obligations purchased and held by the district shall from time to time be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds, treasury notes, or obligations were originally purchased was placed in the treasury of the district. (Enacted by Stats. 1951, Ch. 764.)
  48. 12875.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Investments [12871 - 12875] ( Article 7 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A qualifying district may enter into interest rate swap or forward payment conversion contracts, and related incident contracts, subject to specified size, population, and board-terms conditions.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Investments [12871 - 12875] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 12875. Notwithstanding any other provision of law, a district which has owned and operated a water distribution or sewage disposal system for at least eight years and which has a population of 250,000 or more may enter into contracts commonly known as “interest rate swap agreements” or “forward payment conversion agreements” with any person providing for the exchange of payments between the person and the district including, without limitation, contracts providing for the exchange of fixed interest payments for floating payments or floating interest payments for fixed payments, or a combination thereof, after giving due consideration for the creditworthiness of the counter parties, where applicable, including any rating by a nationally recognized agency or such other criteria as may be appropriate. The contracts may be made upon the terms and conditions established by the board. The authority conferred by this section includes the authority to enter into any and all contracts incident to the exercise of the authority conferred by this section including, without limitation, contracts to obtain credit enhancement devices and contracts for the performance of professional services. (Added by Stats. 1986, Ch. 1389, Sec. 3. Effective September 30, 1986.)
  49. 12891.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may levy and collect, or have collected, taxes for any lawful purpose.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12891. A district may levy, and collect or cause to be collected, taxes for any lawful purpose. (Enacted by Stats. 1951, Ch. 764.)
  50. 12891.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may impose a special tax, and the tax must be applied uniformly within the district, with a limited exception for unimproved property.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12891.5. A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. The special taxes shall be applied uniformly to all taxpayers or all real property within the district, except that unimproved property may be taxed at a lower rate than improved property. (Added by Stats. 1991, Ch. 70, Sec. 9.)
  51. 12892.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If the board thinks revenues will not be enough for lawful purposes, it must levy a tax and set the amount needed.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12892. If, in the opinion of the board, the revenues will not be sufficient for any and all lawful purposes the board shall levy a tax for such purpose or purposes and fix the amount of money necessary to be raised therefor by taxation. (Enacted by Stats. 1951, Ch. 764.)
  52. 12893.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must levy and collect an annual tax to cover bond interest and principal as it becomes due.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12893. The board shall, at the time of fixing the general tax levy and in the manner provided for the general tax levy, levy and collect annually until the district’s bonds are paid, or until there is a sum in the treasury of the district set apart for that purpose to meet all sums coming due for principal and interest on the bonds, a tax sufficient to pay the annual interest on the bonds and such part of the principal thereof as becomes due before the time for fixing the next general tax levy. If the maturity of the indebtedness created by the issue of bonds begins more than one year after the date of the issuance thereof, the tax shall be levied and collected annually at the time and in the manner aforesaid, sufficient to pay the interest on the indebtedness as it falls due and to constitute a sinking fund for the payment of the principal on or before maturity. (Enacted by Stats. 1951, Ch. 764.)
  53. 12894.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Taxes for district bonds must be added to other district taxes, collected the same way and at the same time as other district taxes, and used only to pay the bonds and accruing interest.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12894. The taxes required to be levied and collected on account of interest, principal, and sinking fund of district bonds shall be in addition to all other taxes levied for district purposes, and shall be collected at the time and in the same manner as other district taxes are collected, and be used for no other purpose than the payment of the bonds and accruing interest. (Enacted by Stats. 1951, Ch. 764.)
  54. 12895.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district is not prevented by this division from issuing revenue bonds for the whole district or a special district created within it, if another law allows municipal utility districts to issue 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. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12895. Nothing in this division prevents the issuance of revenue bonds by a district for the entire district or any special district created therein under any provision of law permitting the issuance of revenue bonds by municipal utility districts. (Enacted by Stats. 1957, Ch. 764.)
  55. 12896.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may set rules for the district to assess, levy, and collect taxes, including selling property to the district for delinquent taxes and adding penalties, interest, and costs.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12896. The board may provide for the assessment, levy, and collection of taxes by the district, including the sale of property to the district for delinquent taxes, with penalties, interest, and cost. (Enacted by Stats. 1951, Ch. 764.)
  56. 12897.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may choose to use county and state assessments for district taxation and county tax collection if it formally declares that choice and files a certified copy by August 1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12897. The board may elect to avail itself of the assessments made by the assessors of the counties in which the district is situated, and of the assessments made by the State Board of Equalization for those counties, and may take such assessments as the basis for district taxation and have its taxes collected by the county officials if the board declares its election so to do by resolution or ordinance and files a certified copy of the resolution or ordinance on or before the first day of August with the auditors of the counties in which the district is situated. Thereafter, each year and until otherwise provided by the board, all assessments shall be made for the district by the State Board of Equalization and the county assessors, and all taxes shall be collected for the district by the tax collectors, of the counties in which the district is situated. (Amended by Stats. 1951, Ch. 1632.)
  57. 12898.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The county auditor must send the board a written statement of the total property value in the district each year by August 15.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12898. In such case the county auditor shall, on or before August 15th of each year, transmit to the board a statement in writing showing the total value of all property within the district, ascertained from the assessments referred to in Section 12897 as equalized. (Amended by Stats. 1974, Ch. 761.)
  58. 12899.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If the board uses the assessments in Section 12897, it must set the tax rate by early September, with a holiday moving the deadline to the next business day.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12899. In case the board elects to avail itself of the assessments referred to in Section 12897 it shall, on or before the first week day in September, or if such week day falls upon a holiday then on the first business day thereafter, fix the rate of taxes, designating the number of cents upon each hundred dollars, using as a basis the value of property transmitted to the board by the county auditors, which rate of taxation shall be sufficient to raise the amount previously fixed by the board. These acts by the board shall constitute a valid assessment of the property and a valid levy of the taxes so fixed. (Amended by Stats. 1951, Ch. 1632.)
  59. 12900.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must immediately send the county auditors a statement of the tax rate it fixed.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12900. The board shall immediately after fixing the rate of taxes as above provided transmit to the county auditors of the counties in which the district is situated a statement of the rate of taxes fixed by the board. (Amended by Stats. 1951, Ch. 1632.)
  60. 12901.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    District taxes must be collected like county taxes, and the net amount must be paid to the district treasurer. The district may use an alternative tax collection and apportionment procedure and later abandon it at the end of a 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. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12901. The district’s taxes so levied shall be collected at the same time and in the same manner as county taxes. When collected the net amount, ascertained as provided in this article, shall be paid to the treasurer of the district, under the general requirements and penalties provided by law for the settlement of other taxes. The district may adopt the alternative procedure of tax collection and apportionment established by Chapter 3, Part 8, Division 1 of the Revenue and Taxation Code and any amendments thereof; provided, however, that the district may thereafter abandon said alternative procedure at the end of any fiscal year of the district. (Amended by Stats. 1953, Ch. 808.)
  61. 12902.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    County treasurers must apportion and pay redemption money to the district in the same proportion as the district tax bears to the total tax for which the property was sold, when the property was sold for taxes and later redeemed.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12902. Whenever any real property situate in any district which has availed itself of the provisions of Section 12897 has been sold for taxes and has been redeemed, the money paid for redemption shall be apportioned and paid to the district by the county treasurers receiving it in the proportion which the tax due to the district bears to the total tax for which the property was sold. (Enacted by Stats. 1951, Ch. 764.)
  62. 12903.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    County compensation for services under this article must be set by agreement, and it cannot exceed one-half of 1% of money collected for the district.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12903. The compensation to be charged by and paid to any county for the performance of services under this article shall be fixed by agreement between the board of supervisors of the county and the board. The compensation shall in no event exceed one-half of 1 percent of all money collected for the district. The compensation collected by the county shall be placed to the credit of the county salary fund. (Enacted by Stats. 1951, Ch. 764.)
  63. 12904.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Taxes levied under this division become a lien on the property they are levied on.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Taxation [12891 - 12904] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 12904. All taxes levied under this division are a lien on the property on which they are levied. Unless the board has by ordinance otherwise provided, the enforcement of the collection of such taxes shall be in the same manner and by the same means provided by law for the enforcement of liens for county taxes, all the provisions of law relating to the enforcement of the latter being made a part of this division, so far as applicable. (Enacted by Stats. 1951, Ch. 764.)
  64. 12921.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 9. Improvement Act of 1911 [12921 - 12922] ( Article 9 added by Stats. 1955, Ch. 1206. )

    Verify source ↗

    A district formed under this division may use the Improvement Act of 1911 to build water facilities.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 9. Improvement Act of 1911 [12921 - 12922] ( Article 9 added by Stats. 1955, Ch. 1206. ) ## 12921. The Improvement Act of 1911 may be used by a district formed pursuant to this division for the construction of water facilities. In the application of said improvement act to proceedings instituted by such district, the terms used in said improvement act shall have the following meanings: (a) “City council” and “council” mean the board of the district. (b) “Municipality” and “city” mean district. (c) “Clerk” and “city clerk” mean secretary of the board. (d) “Superintendent of streets,” “street superintendent” and “city engineer” mean the engineer appointed by the district to perform the engineering work for the assessment district. (e) “Tax collector” means county tax collector. (f) “Treasurer” and “city treasurer” mean the person or officer who has charge of and makes payment of the funds of the district. (g) “Right-of-way” shall mean any parcel of land over which the district shall have an easement for the purpose of constructing or maintaining water or sewer lines. (Amended by Stats. 1965, Ch. 210.)
  65. 12922.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 9. Improvement Act of 1911 [12921 - 12922] ( Article 9 added by Stats. 1955, Ch. 1206. )

    Verify source ↗

    District boards, officers, and agents must exercise the powers and duties that the Improvement Act of 1911 gives to city boards, officers, and agents.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 9. Improvement Act of 1911 [12921 - 12922] ( Article 9 added by Stats. 1955, Ch. 1206. ) ## 12922. The powers and duties conferred by the Improvement Act of 1911 on boards, officers and agents of cities shall be exercised by the respective boards, officers and agents of the district. (Added by Stats. 1955, Ch. 1206.)
  66. 13.

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

    Verify source ↗

    In this section, singular words include the plural, and plural words include the singular.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 13. The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1951, Ch. 764.)
  67. 130000.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    This division is called the County Transportation Commissions Act and may be cited by that name.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. ) ## 130000. This division shall be known and may be cited as the County Transportation Commissions Act. (Added by Stats. 1976, Ch. 1333.)
  68. 130001.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The commissions must prioritize low-cost highway and transit improvements when transportation resources are scarce.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. ) ## 130001. The Legislature hereby finds and declares that: (a) Public demand for an efficient public transportation system in the southern California region resulting from population sprawl, the concentration of many transit dependent citizens in the large urban areas, and increasing mobility requirements indicates a need for improved, as well as more innovative, policy and decisionmaking institutions to resolve these problems. (b) A basic purpose of transportation policy within the region should be to avoid undesirable duplication of transportation services, achieve the operation of a coordinated and integrated transportation system which will reduce automobile usage and dependency, reduce the consumption of scarce and expensive energy fuels, and reduce the levels of automobile-related air pollution. (c) Recognizing the scarcity of resources available for all transportation development, the commissions shall give priority to low-cost highway and transit improvements, and shall work toward maximizing the effectiveness of existing resources available to the commissions. (d) Recognizing the importance of the state highway system in the Los Angeles metropolitan area to bus, automobile, and freight transportation, it is necessary to maintain this highway system at least at its present operating standards and to increase the person-moving capability of this system by such methods as carpooling, improved traffic operations, exclusive busways, and fringe parking facilities. (e) The transportation system should offer adequate public transportation to all citizens, including those immobilized by poverty, age, physical handicaps, or other reasons. (f) The cities and local communities acting singly or jointly should be given more responsibilities for designing and providing local transit services to improve the responsiveness of public transit to public needs. (g) The transportation decisionmaking process should be responsive to public values, and provide for the continuing involvement of the public in the preparation, revision, and discussion of transportation plans and services. (h) Transportation planning should recognize that transportation systems have significant effect on the physical and socioeconomic characteristics of the areas served, and emphasis should be given to the protection and enhancement of the environment and the restoration of blighted neighborhoods near community centers. Los Angeles County, in particular, is a multicentered area with diverse socioeconomic levels and travel patterns, and a majority of the trips in the county are four miles or less. (Added by Stats. 1976, Ch. 1333.)
  69. 130002.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    This section defines “commission” for this division as a county transportation commission created under Chapter 2.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. ) ## 130002. As used in this division, “commission” means a county transportation commission created pursuant to Chapter 2 (commencing with Section 130050). (Added by Stats. 1976, Ch. 1333.)
  70. 130003.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    This section defines “local transportation zones” and says they should be coordinated with regional transit operations when appropriate.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. ) ## 130003. As used in this division, “local transportation zones” means cities or unincorporated areas which contain at least one economic center or major trip generator in which there is a large percentage of short- and medium-length transit trips. Local transportation zones shall be coordinated with regional transit operations as appropriate relative to consumer need and efficient operations. (Added by Stats. 1976, Ch. 1333.)
  71. 130004.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    This section defines “multicounty designated transportation planning agency” as the Southern California Association of Governments for this division.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. ) ## 130004. As used in this division, “multicounty designated transportation planning agency” means the Southern California Association of Governments. (Added by Stats. 1976, Ch. 1333.)
  72. 130005.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The agency must hold its meetings as required by the Ralph M. Brown Act, and the executive committee must have a majority for a quorum and for official action.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. ) ## 130005. The multicounty designated transportation planning agency shall conduct its meetings in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code). A majority of the members of the executive committee of the agency shall constitute a quorum for the transaction of business. All official acts of the executive committee shall require the affirmative vote of a majority of the members of the executive committee present, with not less than a quorum present. (Added by Stats. 1976, Ch. 1333.)
  73. 130010.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The Orange County Transportation Authority is subject to the Orange County Transit District Act of 1965 rules on employer-employee relations, employee benefits, and conditions of employment, except as provided in Section 130109(c).

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 1. General Provisions, Findings, and Definitions [130000 - 130010] ( Chapter 1 added by Stats. 1976, Ch. 1333. ) ## 130010. Except as otherwise provided in subdivision (c) of Section 130109, all provisions of the Orange County Transit District Act of 1965 (Part 4 (commencing with Section 40000) of Division 10), regarding employer-employee relations, employee benefits, and conditions of employment for the Orange County Transit District are equally applicable to the Orange County Transportation Authority as if set forth in this division, and govern employer-employee relations, employee benefits, and conditions of employment for the Orange County Transportation Authority. (Added by Stats. 1991, Ch. 752, Sec. 5.)
  74. 130050.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    A commission is created for Los Angeles, Orange, Riverside, and San Bernardino Counties.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130050. There is hereby created a commission in Los Angeles County, in Orange County, in Riverside County, and in San Bernardino County. (Added by Stats. 1976, Ch. 1333.)
  75. 130050.1.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    Ventura County Transportation Commission is created, and the county Board of Supervisors may designate it to carry out Division 19.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130050.1. There is hereby created the Ventura County Transportation Commission. The commission shall be the successor agency to the Ventura County Association of Governments and shall assume all assets and liabilities of that association. Notwithstanding Section 180050, the Board of Supervisors of Ventura County may designate the commission as the authority to carry out the provisions of Division 19 (commencing with Section 180000). (Added by Stats. 1988, Ch. 1136, Sec. 2.)
  76. 130050.2.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    This section creates the Los Angeles County Metropolitan Transportation Authority and says it is the single successor agency to two named transportation bodies.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130050.2. There is hereby created the Los Angeles County Metropolitan Transportation Authority. The authority shall be the single successor agency to the Southern California Rapid Transit District and the Los Angeles County Transportation Commission as provided by the act that enacted this section. (Added by Stats. 1992, Ch. 60, Sec. 4. Effective January 1, 1993.)
  77. 130051.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    This section sets out how the Los Angeles County Metropolitan Transportation Authority is composed and how some members are appointed.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051. The Los Angeles County Metropolitan Transportation Authority consists of 14 members, as follows: (a) Five members of the Los Angeles County Board of Supervisors. If the number of members of the Los Angeles County Board of Supervisors is increased, the authority shall, within 60 days of the increase, submit a plan to the Legislature for revising the composition of the authority. (b) The Mayor of the City of Los Angeles. (c) Two public members and one member of the City Council of the City of Los Angeles appointed by the Mayor of the City of Los Angeles. (d) Four members, each of whom shall be a mayor or a member of a city council, appointed by the Los Angeles County City Selection Committee. For purposes of the selection of these four members, the County of Los Angeles, excluding the City of Los Angeles, shall be divided into the following four sectors: (1) The North County/San Fernando Valley sector. (2) The Southwest Corridor sector. (3) The San Gabriel Valley sector. (4) The Southeast Long Beach sector. The League of California Cities, Los Angeles County Division, shall define the sectors. Every city within a sector shall be entitled to vote to nominate one or more candidates from that sector for consideration for appointment by the Los Angeles County City Selection Committee. A city’s vote shall be weighted in the same proportion that its population bears to the total population of all cities within the sector. The members appointed pursuant to this subdivision shall be appointed by the Los Angeles County City Selection Committee upon an affirmative vote of its members which represent a majority of the population of all cities within the county, excluding the City of Los Angeles. The members selected by the city selection committee shall serve four-year terms with no limitation on the number of terms that may be served by any individual. The city selection committee may shorten the initial four-year term for one or more of the members for the purpose of ensuring that the members will serve staggered terms. (e) If the population of the City of Los Angeles, at any time, becomes less than 35 percent of the combined population of all cities in the county, the position of one of the two public members appointed pursuant to subdivision (c), as determined by the Mayor of the City of Los Angeles by lot, shall be vacated, and the vacant position shall be filled by appointment by the city selection committee pursuant to subdivision (d) from a city not represented by any other member appointed pursuant to subdivision (d). (f) One nonvoting member appointed by the Governor. (Amended by Stats. 1997, Ch. 900, Sec. 2. Effective January 1, 1998.)
  78. 130051.1.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    A Los Angeles mayoral appointee who is not a city council member may serve for 60 days without city council consent.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.1. Notwithstanding subdivision (c) of Section 130051, if a member appointed by the Mayor of the City of Los Angeles is not a member of the city council of that city, the person appointed may serve for 60 days without consent of the city council. (Amended by Stats. 1992, Ch. 586, Sec. 2. Effective September 2, 1992.)
  79. 130051.10.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The authority has no powers until February 1, 1993, and then may exercise specified powers exclusively from February 1, 1993 to April 1, 1993, except powers it has delegated away.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.10. (a) The members of the Los Angeles County Metropolitan Transportation Authority shall be appointed no later than February 1, 1993. The authority shall have no powers, duties, or responsibilities until February 1, 1993. (b) From February 1, 1993, until April 1, 1993, the Los Angeles Metropolitan Transportation Authority, exclusively, may exercise any of the powers of the board of directors of the Southern California Rapid Transit District and the governing body of the Los Angeles County Transportation Commission, except those powers that the authority has expressly delegated to the district or to the commission. (Added by Stats. 1992, Ch. 60, Sec. 12. Effective January 1, 1993.)
  80. 130051.11.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The Los Angeles County Metropolitan Transportation Authority may organize itself, but it must create specified organizational units and a citizens’ advisory council.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.11. (a) The Los Angeles County Metropolitan Transportation Authority may determine its organizational structure, which may include, but is not limited to, the establishment of departments, divisions, subsidiary units, or similar entities. Any department, division, subsidiary unit, or similar entity established by the authority shall be referred to in this chapter as an “organizational unit.” The authority shall, at a minimum, establish the following organizational units: (1) A transit construction organizational unit to assume the construction responsibilities for all exclusive public mass transit guideway construction projects in Los Angeles County. (2) An operating organizational unit with the following responsibilities: (A) The operating responsibilities of the former Southern California Rapid Transit District on all exclusive public mass transit guideway projects in the County of Los Angeles. (B) The operation of bus routes operated by the former Southern California Rapid Transit District, and all the duties, obligations, and liabilities of the district relating to those bus routes. (3) A transportation planning and programming organizational unit with all planning responsibilities previously performed by the former Southern California Rapid Transit District and the former Los Angeles County Transportation Commission. (b) Nothing in this section shall be construed to require specific bus routes to be operated. The authority or the operating organizational unit may make any adjustment with respect to bus routes, bus services, or both, which is within the power of the former Los Angeles County Transportation Commission, or the former Southern California Rapid Transit District. (c) Any obligations of the former Southern California Rapid Transit District arising out of a collective bargaining agreement entered into by the district shall be the exclusive obligations of the Los Angeles County Metropolitan Transportation Authority. It is the intent of the Legislature that the rights or obligations under any collective bargaining agreement in existence on January 1, 1993, not be enlarged or diminished by this section or any other provision of the act which added this section. (d) No collective bargaining agreement entered into by the former Southern California Rapid Transit District on or after January 1, 1993, shall be effective unless approved by the Los Angeles County Metropolitan Transportation Authority. The authority’s approval of an agreement shall cause the agreement to be binding upon the authority. (e) On and after April 1, 1993, any reference to the former Southern California Rapid Transit District in Article 10 (commencing with Section 30750) of Chapter 5 of Part 3 of Division 10 is deemed to refer to the Los Angeles County Metropolitan Transportation Authority. (f) The Los Angeles County Metropolitan Transportation Authority may administratively delegate to an organizational unit or to its chief executive officer any powers and duties it deems appropriate. Powers and duties which may be delegated to an organizational unit include, but are not limited to, the following: (1) The power of eminent domain. (2) Approval of contracts, except the final approval of labor contracts. (3) Hearing and resolving bid protests. (4) Preparation of supporting documents and findings, and approval of contracts, under Sections 130233, 130234, 130236, and 130237 within guidelines adopted by the board of directors. (g) The Los Angeles County Metropolitan Transportation Authority shall establish a citizens’ advisory council pursuant to subdivision (d) of Section 130105. (Amended by Stats. 2009, Ch. 536, Sec. 3. (AB 1471) Effective January 1, 2010.)
  81. 130051.12.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The Los Angeles County Metropolitan Transportation Authority keeps certain powers for itself, including setting goals, budgets, rail corridor approvals, fares, and some contracts. It must also do a security assessment every five years, and it cannot base transportation-zone decisions on wages or working conditions.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.12. (a) The Los Angeles County Metropolitan Transportation Authority shall, at a minimum, reserve to itself exclusively, all of the following powers and responsibilities: (1) Establishment of overall goals and objectives to achieve optimal transport service for the movement of goods and people on a countywide basis. (2) Adoption of the aggregate budget for all organizational units of the authority. (3) Designation of additional included municipal operators pursuant to subdivision (f) of Section 99285. (4) Approval of final rail corridor selections. (5) Final approval of labor contracts covering employees of the authority and organizational units of the authority. (6) Establishment of the authority’s organizational structure. (7) Conducting hearings and the setting of fares for the operating organizational unit established pursuant to paragraph (2) of subdivision (a) of Section 130051.11. (8) (A) Approval of transportation zones. (B) In determining the cost-effectiveness of any proposed transportation zone, the authority may not approve or disapprove a transportation zone based upon consideration of rates of wages and other forms of compensation or hours and working conditions of employees of the proposed transportation zone. (C) Any determination of efficiencies that may be derived from the approval of a transportation zone shall include consideration of maintaining the prevailing rate of wages, hours, and other terms and conditions of employment contained in current collective bargaining agreements applicable to the authority as required under subdivision (d) of Section 130051.11. (D) A proposed transportation zone is not required to demonstrate lower operating costs than those of the existing operator or operators of the service to be transferred to the zone, but shall demonstrate that the net cost will not be greater than the current service. (9) Approval of the issuance of any debt instrument with a maturity date that exceeds the end of the fiscal year in which it is issued. (10) Approval of benefit assessment districts and assessment rates. (11) Approval of contracts for transit equipment acquisition that exceed five million dollars ($5,000,000), and making the findings required by subdivision (c) of Section 130238. (b) The Los Angeles County Metropolitan Transportation Authority shall in conjunction with the other municipal operators in the County of Los Angeles perform a security assessment once every five years to determine the safety and security measures required to protect the operation of their systems and their passengers. (Amended by Stats. 2002, Ch. 938, Sec. 2. Effective January 1, 2003.)
  82. 130051.13.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    Two transportation bodies are abolished on April 1, 1993, and the Los Angeles County Metropolitan Transportation Authority succeeds to their powers and related legal incidents.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.13. On April 1, 1993, the Southern California Rapid Transit District and the Los Angeles County Transportation Commission are abolished. Upon the abolishment of the district and the commission, the Los Angeles County Metropolitan Transportation Authority shall succeed to any or all of the powers, duties, rights, obligations, liabilities, indebtedness, bonded and otherwise, immunities, and exemptions of the district and its board of directors and the commission and its governing body. (Added by Stats. 1992, Ch. 60, Sec. 15. Effective January 1, 1993.)
  83. 130051.14.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    From April 1, 1993, certain references are to be read as references to the Los Angeles County Metropolitan Transportation Authority.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.14. On and after April 1, 1993, any reference in this part, or in any other provision of law or regulation, to the Southern California Rapid Transit District or to the Los Angeles County Transportation Commission or to the county transportation commission in general shall be deemed to refer to the Los Angeles County Metropolitan Transportation Authority. (Added by Stats. 1992, Ch. 60, Sec. 16. Effective January 1, 1993.)
  84. 130051.15.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    When the listed transportation entities are abolished, the Los Angeles County Metropolitan Transportation Authority takes over their contract rights, obligations, and related funding responsibilities, and property passes to it by operation of law. It also cannot renew or extend certain pre-1993 personal services contracts until April 1, 1993.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.15. (a) Upon the abolishment of the Southern California Rapid Transit District and the Los Angeles County Transportation Commission, the Los Angeles County Metropolitan Transportation Authority shall assume the rights and obligations of the district and the commission under any contract to which the district or the commission is a party and which is to be performed, in whole or in part, on or after January 1, 1993. All real and personal property owned by the district or the commission shall be transferred to the authority by operation of law. (b) The Los Angeles County Metropolitan Transportation Authority shall assume, without any condition whatsoever, all responsibilities and obligations previously assumed by the Southern California Rapid Transit District or the Los Angeles County Transportation Commission with regard to the full funding agreement, including all agreements pursuant to Section 13(c) of the Urban Mass Transportation Act of 1964 which relate to the full funding agreement, with the Federal Transit Administration for the funding of the Los Angeles County Metro Rail Project. It is the intent of the Legislature that nothing in this act shall enlarge or diminish the projects covered or any rights or obligations under any existing agreements pursuant to Section 13(c). (c) The Los Angeles County Metropolitan Transportation Authority shall not, until April 1, 1993, renew or extend any personal services contract entered into between either the Los Angeles County Transportation Commission or the Southern California Rapid Transit District and an employee or former employee of either agency prior to January 1, 1993. (Added by Stats. 1992, Ch. 60, Sec. 17. Effective January 1, 1993.)
  85. 130051.16.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The Los Angeles County Metropolitan Transportation Authority must assume the Southern California Rapid Transit District’s duties, obligations, and liabilities, but only within the limits of the authority’s succeeded powers and duties.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.16. Notwithstanding any other provision of law, the Los Angeles County Metropolitan Transportation Authority shall assume the duties, obligations, and liabilities of the Southern California Rapid Transit District, including those duties, obligations, and liabilities arising from or relating to collective bargaining agreements or labor obligations imposed by state or federal law, only to the extent that the authority is acting pursuant to specific duties, obligations, liabilities, rights, or powers to which it succeeded as a result of the abolishment of the district pursuant to Section 130051.13. (Added by Stats. 1992, Ch. 60, Sec. 18. Effective January 1, 1993.)
  86. 130051.17.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    Members and employees of the Los Angeles County Metropolitan Transportation Authority must have any gifts they receive governed by applicable state law and the authority’s administrative code.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.17. Any gifts received by members of the board or employees of the Los Angeles County Metropolitan Transportation Authority shall be governed by applicable state law and the authority’s administrative code. (Repealed and added by Stats. 2024, Ch. 755, Sec. 2. (AB 3123) Effective January 1, 2025.)
  87. 130051.18.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    This section regulates lobbying of the Los Angeles County Metropolitan Transportation Authority and requires registration, reporting, recordkeeping, and conduct limits.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.18. (a) This section, in addition to rules or codes adopted by the board of the Los Angeles County Metropolitan Transportation Authority, shall regulate lobbying of the authority. (b) For purposes of this section, the following definitions apply: (1) “Activity expense” means any payment, including any gift, made to, or directly benefiting, any authority official or member of their immediate family, made by a lobbyist, lobbying firm, or lobbyist employer. (2) “Administrative testimony” means influencing or attempting to influence authority action undertaken by any person or entity who does not seek to enter into a contract or other arrangement with the authority by acting as counsel in, appearing as a witness in, or providing written submissions, including answers to inquiries, which become a part of the record of, any proceeding of the authority that is conducted as an open public hearing for which public notice is given. (3) “Authority” means the Los Angeles County Metropolitan Transportation Authority and all of its organizational units. (4) “Authority action” means the drafting, introduction, consideration, modification, enactment, or defeat of an ordinance, resolution, contract, or report by the governing board of an organizational unit of the authority, or by an authority official, including any action taken, or required to be taken, by a vote of the members of the authority or by the members of the governing board of an organizational unit of the authority, except those actions relating to Article 10 (commencing with Section 30750) of Chapter 5 of Part 3 of Division 10. (5) “Authority official” means any member of the authority, member of an organizational unit of the authority, or employee of the authority. (6) (A) “Contact” means any communication, oral or written, including communication made through an agent, associate, or employee, for the purpose of influencing authority action, except as provided in subparagraph (B). (B) The following activities are not “contacts” for purposes of this section: (i) Attending or participating in a prebid or preproposal conference. (ii) Submitting a response to a solicitation issued by the authority or authority official. (iii) Participating in an interview regarding a solicitation at the request of the authority or authority official. (iv) Responding to a request for information from the authority or authority official regarding a solicitation or existing contract. (v) A representative of a news media organization gathering news and information or disseminating the same to the public, even if the organization, in the ordinary course of business, publishes news items, editorials or other commentary, or paid advertisements, that urge action upon authority matters. (vi) Providing oral or written testimony that becomes part of the record of a public hearing. A person providing testimony pursuant to this clause who has already qualified as a lobbyist under this section and is testifying on behalf of a client shall identify the client on whose behalf the lobbyist is testifying. (vii) A communication from an elected public official acting in their official capacity. (7) (A) “Contribution” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. (B) For purposes of this section, “contribution” also includes all of the following: (i) An expenditure made at the behest of a candidate, committee, or elected officer is a contribution to the candidate, committee, or elected officer unless full and adequate consideration is received for making the expenditure. (ii) The purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events. (iii) The candidate’s own money or property used on behalf of their candidacy. (iv) The granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office. (v) The payment of compensation by any person for the personal services or expenses of any other person if those services are rendered or expenses are incurred on behalf of a candidate or committee without payment of full and adequate consideration. (vi) Any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received. (C) For purposes of this section, “contribution” does not include any of the following: (i) Amounts received pursuant to an enforceable promise to the extent that those amounts have been previously reported as a contribution. However, the fact that those amounts have been received shall be indicated in the appropriate campaign statement. (ii) A payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant’s home or office if the costs for the meeting or fundraising event are five hundred dollars ($500) or less. (iii) Volunteer personal services or payments made by any individual for the individual’s own travel expenses if those payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to the individual. (8) “Employee of the authority” has the same meaning as defined in the authority’s administrative code. (9) “Ethics officer” means the ethics officer appointed pursuant to Section 130610. (10) “Filing officer” means the individual designated by the authority with whom statements and reports required by this section shall be filed. (11) “Lobbying” means influencing or attempting to influence authority action through direct or indirect contact, other than administrative testimony, with an authority official, as described in paragraph (14). (12) “Lobbying activity” includes any of the following conduct when that conduct is related to a contact to influence any authority action: (A) Engaging in, either personally or through an agent, written or oral communication with an authority official. (B) Providing advice or recommending strategy to a person or other entity that may have business in front of the authority. (C) Research, investigation, and information gathering. (D) Seeking to influence the position of a third party on issues related to authority action by any means, including, but not limited to, engaging in community, public, or press relations activities. (E) Attending or monitoring authority meetings or other events. (13) (A) “Lobbying firm” means any business entity, including an individual lobbyist, that meets either of the following criteria: (i) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, for the purpose of influencing authority action on behalf of any other person, if any partner, owner, officer, or employee of the business entity is a lobbyist. (ii) The business entity receives or becomes entitled to receive any compensation, other than reimbursement for reasonable travel expenses, to communicate directly with any agency official for the purpose of influencing authority action on behalf of any other person, if a substantial or regular portion of the activities for which the business entity receives compensation is for the purpose of influencing authority action. (B) A business entity shall not be considered a lobbying firm by reason of engaging in activities described in subparagraph (B) of paragraph (6). (14) “Lobbyist” means any individual who receives compensation, other than reimbursement for reasonable travel expenses, and who meets both of the following criteria in a consecutive three-month period: (A) The individual has at least one contact with an authority official or employee in an attempt to influence authority action. (B) The individual is compensated to engage in at least 15 hours of lobbying activity in connection with attempts to influence authority action. (15) “Lobbyist employer” means any person, other than a lobbying firm, who does either of the following: (A) Employs one or more lobbyists for the purpose of influencing authority action. (B) Contracts for the services of a lobbying firm for economic consideration for the purpose of influencing authority action. (c) (1) (A) Lobbyists, lobbying firms, and lobbyist employers shall register with the filing officer within 10 calendar days after qualifying as a lobbyist, lobbying firm, or lobbyist employer. No additional lobbying contacts shall occur before registration. Registration shall include the filing of a registration statement and the payment of any fee required pursuant to paragraph (2). Registration shall be renewed annually by the filing of a new registration statement and the payment of a fee, if applicable, on or before January 31 of the year of renewal. (B) After registration, each lobbyist, lobbying firm, or lobbyist employer shall retain that status through December 31 of that year unless that status is terminated as set forth in paragraph (6). (2) Each lobbyist, lobbying firm, and lobbyist employer required to register under this section may be charged a fee by the authority in an amount determined by the ethics officer. (3) The lobbyist registration statement shall include all of the following: (A) The name, address, telephone number, and email address of the lobbyist. (B) For each person or entity from whom the lobbyist receives compensation to provide lobbying services, all of the following: (i) The full name, business address, and telephone number of the person or entity. (ii) The lobbying interests of the lobbyist, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified. (C) A statement signed by the lobbyist certifying that the lobbyist has read and understands the prohibitions contained in subdivisions (g) and (h). (D) Any other information required by the ethics officer consistent with the purposes and provisions of this section. (4) The registration statement of a lobbying firm shall include all of the following: (A) The full name, business address, telephone number, and email address of the lobbying firm. (B) The full name of each lobbyist who is a partner, owner, officer, or employee of the lobbying firm. (C) For each person or entity from which the firm received or became entitled to receive compensation for engaging in lobbying activities and with whom the lobbying firm contracts to provide lobbying services, all of the following: (i) The full name, business address, telephone number, and email address of the person or entity. (ii) The time period of the contract during which the lobbying activities for which the firm received or became entitled to receive compensation will occur. (iii) The lobbying interests of the lobbying firm, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified. (D) A statement signed by the designated responsible person that the person has read and understands the prohibitions contained in subdivisions (g) and (h). (E) Any other information required by the ethics officer consistent with the purposes and provisions of this section. (5) The registration statement of a lobbyist employer shall include all of the following: (A) The full name, business address, telephone number, and email address of the lobbyist employer. (B) A list of the lobbyists who are employed by the lobbyist employer. (C) The lobbying interests of the lobbyist employer, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified. (D) A statement signed by the designated responsible person that the person has read and understands the prohibitions contained in subdivisions (g) and (h). (E) Any other information required by the ethics officer consistent with the purposes and provisions of this section. (6) (A) Lobbyists, lobbyist employers, and lobbying firms shall file amendments to their registration statements within 10 days of any change in information required to be included in the registration statement. (B) (i) Lobbying firms and lobbyist employers upon ceasing all lobbying activity that required registration shall file a notice of termination within 30 days after the cessation. (ii) Failure to complete annual renewal by March 1 shall constitute a termination of a lobbyist, lobbyist employer, or lobbying firm’s registration. (iii) The ethics officer may establish additional processes for terminating the registration of a lobbyist, lobbyist employer, or lobbying firm. (d) Lobbyists, lobbying firms, and lobbyist employers that receive payments, make payments, or incur expenses, or expect to receive payments, make payments, or incur expenses, in connection with activities that are reportable pursuant to this section shall keep detailed accounts, records, bills, and receipts for four years, and shall make them reasonably available for inspection for the purposes of auditing for compliance with, or enforcement of, this section. (e) When a person is required to report activity expenses pursuant to this section, all of the following information shall be provided: (1) The date and amount of each activity expense. (2) The full name and official position, if any, of the beneficiary of each expense, a description of the benefit, and the amount of the benefit. (3) The full name of the payee of each expense if other than the beneficiary. (f) (1) A lobbying firm shall file a periodic report containing all of the following: (A) The full name, address, telephone number, and email address of the lobbying firm. (B) The full name, business address, and telephone number of each person or entity from which the firm received or became entitled to receive compensation for engaging in lobbying activities and who contracted with the lobbying firm for lobbying services. (C) A description of each contract or authority action that the lobbying firm attempted to influence during the reporting period, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified. (D) The total payments, including fees and the reimbursement of expenses, received or expected from the person or entity for lobbying services during the reporting period. (E) A copy of the periodic report completed and verified by each lobbyist in the lobbying firm pursuant to paragraph (2). (F) Each activity expense incurred by the lobbying firm, including those reimbursed by a person who contracts with the lobbying firm for lobbying services. (G) The date, amount, and the name of the recipient of any contribution of one hundred dollars ($100) or more made by the filer to an authority official. (H) Any other information required by the ethics officer consistent with the purposes and provisions of this section. (2) A lobbyist shall complete and verify a periodic report, and file the report with the filing officer, and a copy of the report with their lobbying firm or lobbyist employer. The periodic report shall contain all of the following: (A) The name, address, telephone number, and email address of the lobbyist. (B) The full name, business address, and telephone number of the lobbying firm or lobbyist employer from whom the lobbyist receives compensation to provide lobbying services. (C) A description of each contract or authority action that the lobbyist attempted to influence during the reporting period, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority cannot be identified. (D) A report of all activity expenses by the lobbyist during the reporting period. (E) A report of all contributions of one hundred dollars ($100) or more made or delivered by the lobbyist to any authority official during the reporting period. (F) Any other information required by the ethics officer consistent with the purposes and provisions of this section. (3) A lobbyist employer shall file a periodic report containing all of the following: (A) The name, business address, telephone number, and email address of the lobbyist employer. (B) The total amount of payments to each lobbying firm. Those payments shall include solely payments for compensation and reimbursement of expenses relating to the lobbying firm’s attempts to influence authority action. (C) The total amount of all payments to lobbyists employed by the filer. The lobbyist employer shall only be required to disclose whether the total salary payments made to the individual during the reporting period was less than or equal to two hundred fifty dollars ($250), greater than two hundred fifty dollars ($250) but less than or equal to one thousand dollars ($1,000), greater than one thousand dollars ($1,000) but less than or equal to ten thousand dollars ($10,000), or greater than ten thousand dollars ($10,000). (D) A description of each contract or authority action that the filer attempted to influence during the reporting period, including identification of specific contracts or authority actions. A description of the types of contracts or authority action is permissible only if a specific contract or authority action cannot be identified. (E) Each activity expense of the filer and a total of all activity expenses of the filer. (F) The date, amount, and the name of the recipient of any contribution of one hundred dollars ($100) or more made by the filer to an authority official. (G) The total of all other payments to influence authority action. (H) Any other information required by the ethics officer consistent with the purposes and provisions of this section. (4) The periodic reports shall be filed by the last day of the month following the end of each calendar quarter. The period covered shall be from the beginning of the calendar year through the last day of the calendar quarter before the period during which the report is filed, except that the period covered by the first report a person is required to file shall begin with the first day of the calendar quarter in which the filer first registered or qualified. (g) (1) It is unlawful for a lobbyist, a lobbying firm, or a lobbyist employer to make a gift to an authority official aggregating more than ten dollars ($10) in a calendar month, to act as an agent or intermediary in the making of any gift, or to arrange for the making of any gift by any other person. (2) It is unlawful for any authority official knowingly to receive any gift that is made unlawful by this section. For the purposes of this subdivision, “gift” has the same meaning as defined in Section 82028 of the Government Code. (h) A lobbyist, lobbying firm, or lobbyist employer shall not do any of the following: (1) Do anything with the purpose of placing an authority official under personal obligation to the lobbyist, the lobbying firm, or the employer of the lobbyist or lobbying firm. (2) Deceive or attempt to deceive any authority official with regard to any material fact pertinent to any authority action. (3) Cause or influence any authority action for the purpose of thereafter being employed to secure its passage or defeat. (4) Attempt to create a fictitious appearance of public favor or disfavor of any authority action, or cause any communications to be sent to any authority official in the name of any fictitious person or in the name of any real person, except with the consent of that real person. (5) Represent falsely, either directly or indirectly, that the lobbyist, lobbying firm, or lobbyist employer can control any authority official. (6) Accept or agree to accept any payment that is contingent upon the outcome of any authority action. (i) Any person who knowingly or willfully violates any provision of this section is guilty of a misdemeanor. (j) (1) The ethics officer may conduct audits of reports and statements filed pursuant to this section. Those audits may be conducted on a random basis or when the ethics officer has reason to believe that a filer has not complied with this section. (2) In addition to any other penalty or remedy available, the ethics officer may impose a late fee on any person or entity that does not file a report or statement required by this section before a deadline imposed by this section. The late fee shall be in the amount of ten dollars ($10) per day until the statement or report is filed, up to a maximum amount of three hundred dollars ($300). The ethics officer may choose not to impose the late fee if the ethics officer determines that the late filing was not willful and that enforcement of the late fee would not further the purposes of this section. (k) The ethics officer may issue guidance and advice as necessary to implement this section. (l) The District Attorney of the County of Los Angeles is responsible for prosecuting violations of this section. (m) Any person who violates any provision of this section is liable in a civil action brought by the civil prosecutor or by a person residing within the jurisdiction of the authority for an amount up to five hundred dollars ($500), or three times the amount of an unlawful gift or expenditure, whichever amount is greater. (n) The authority shall reject any bid or other proposal to enter into a contract with the authority by any person or entity that has not complied with the registration and reporting requirements of this section. (o) This section does not apply to any of the following: (1) An elected public official who is acting in their official capacity to influence authority action. (2) Any newspaper or other periodical of general circulation, book publisher, radio or television station that, in the ordinary course of business, publishes or broadcasts news items, editorials, or other documents, or paid advertisement, that directly or indirectly urges authority action, if the newspaper, periodical, book publisher, radio or television station engages in no further or other activities in connection with urging authority action other than to appear before the authority in support of, or in opposition to, the authority action. (p) A former authority official shall not become a lobbyist for a period of one year after leaving the authority. (Amended by Stats. 2024, Ch. 755, Sec. 3. (AB 3123) Effective January 1, 2025.)
  88. 130051.19.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The authority must adopt an affirmative action plan, create and run a disadvantaged business enterprise program, and set up an advisory council with specified participation and staffing duties.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.19. (a) The Los Angeles County Metropolitan Transportation Authority shall adopt an affirmative action plan for its management positions which reflects the ethnic demographics of the county, taking into consideration the availability of the work force in the various ethnic groups. (b) The authority shall, prior to the approval of any contract by the authority or by its organization units, adopt and implement a disadvantaged business enterprise program which establishes participation goals of not less than 15 percent of the dollar value of all contracts by minority business enterprises and not less than 5 percent by women business enterprises. (c) The authority shall establish a Transportation Business Advisory Council to advise it on matters regarding the disadvantaged business enterprise program to enable the authority to meet or exceed women and minority business enterprise participation goals. Members of the council shall be selected by the authority, and shall include representatives of professional organizations and other groups which advocate on behalf of greater participation of women and minority business enterprises in public contracts. The chairperson of the authority or his or her designee shall meet with the council, and the authority shall provide adequate staff support for the council, and shall consider all recommendations made by the council. (Added by Stats. 1992, Ch. 60, Sec. 21. Effective January 1, 1993.)
  89. 130051.20.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    A former MTA board member or employee must not take compensation from an MTA contractor in certain contractor roles within 12 months after serving in specified MTA roles.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.20. (a) A former board member or employee of MTA shall not accept compensation from an MTA contractor as an employee, officer, director, or consultant of the contractor within 12 months after the former board member or employee served in any of the following capacities: (1) As a member of the procurement evaluation team for a contract that was awarded to that contractor. (2) As the procuring contract officer for a contract that was awarded to that contractor. (3) As the project manager or deputy project manager for a contract that was awarded to that contractor. (4) As an agency executive with oversight responsibilities for a contract awarded to that contractor if the executive participated in the contract development, proposal review, or approval, or provided agency signatory authority related to the contract or project. (5) As a substantial participant in an MTA decision to do any of the following: (A) Award a contract, subcontract, modification of a contract or subcontract, or a task order or delivery order to that contractor. (B) Develop a contract awarded to that contractor, including developing the scope of work. (C) Approve issuance of one or more contract payments to that contractor. (D) Pay or settle a claim with that contractor. (b) For purposes of paragraph (1) of subdivision (a), a former board member’s or former employee’s service ends at the completion of the evaluation period, or the former board member’s or former employee’s last day of service with MTA, whichever occurs first. (c) For purposes of paragraphs (2) to (5), inclusive, of subdivision (a), a former board member’s or former employee’s service ends at the completion of the contract term, or the former board member’s or former employee’s last day of service with MTA, whichever occurs first. (d) The inspector general appointed pursuant to Section 130051.28 may enforce this section. (Repealed and added by Stats. 2024, Ch. 755, Sec. 5. (AB 3123) Effective January 1, 2025.)
  90. 130051.21.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    Two transportation agencies must arrange a supplemental independent fiscal audit for July 1, 1992 through March 30, 1993, and the Los Angeles County Metropolitan Transportation Authority must arrange annual independent fiscal audits and review the results at a duly noticed public hearing.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.21. The Los Angeles County Transportation Commission and the Southern California Rapid Transit District shall each cause a supplemental independent fiscal audit to be conducted for the period beginning July 1, 1992, and ending March 30, 1993, for the purpose of determining the financial condition of each agency prior to the abolishment of those agencies pursuant to Section 130051.13. Thereafter, the Los Angeles County Metropolitan Transportation Authority shall cause an independent fiscal audit of the authority to be conducted annually and shall consider the results of the audit at a duly noticed public hearing. (Added by Stats. 1992, Ch. 586, Sec. 8. Effective September 2, 1992.)
  91. 130051.22.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The authority may set up a prequalification program, and on covered public projects it must require prospective construction bidders to submit a standardized questionnaire and financial statement.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.22. (a) The authority may establish and maintain a prequalification program for bidders on contracts not covered by subdivision (b). (b) On public projects, as defined in subdivision (c) of Section 22002 of the Public Contract Code, the authority shall require, at a minimum, that prospective bidders for a construction contract complete and submit to the authority a prequalification standardized questionnaire and financial statement in a form specified by the authority, pursuant to subdivision (a) of Section 20101 of the Public Contract Code. (Added by Stats. 2012, Ch. 703, Sec. 3. (AB 2440) Effective January 1, 2013.)
  92. 130051.23.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The board may authorize sale, destruction, or other disposition of certain records, maps, books, or papers when they are determined to be of no further value, but significant documents must be microfilmed or otherwise preserved first.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.23. Whenever the Los Angeles County Metropolitan Transportation Authority by resolution determines that any record, map, book, or paper in the possession of the authority or any officer or employee thereof is of no further value to the authority, the board may authorize its sale, destruction, or other disposition. Documents significant to the activities of the authority, including, but not limited to, board and committee agendas, incoming and outgoing correspondence, and contractual documents, shall be microfilmed or otherwise preserved prior to the sale, destruction, or other disposition of the original. (Added by Stats. 1994, Ch. 1220, Sec. 21. Effective September 30, 1994.)
  93. 130051.24.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    Defines “authority” and “transportation zone,” and sets labor, retirement, and health-care rules for a transportation zone.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.24. (a) For the purposes of this section, the following terms have the following meanings, unless the context requires otherwise: (1) The “authority” is the Los Angeles County Metropolitan Transportation Authority. (2) A “transportation zone” is a public agency or a public benefit corporation of which public agencies are the sole members established on or after January 1, 1999, that assumes any of the operating responsibilities described in paragraph (2) of subdivision (a) of Section 130051.11 on or after that date, regardless of whether the transportation zone is an included municipal operator, as defined in Section 99207, or an included transit district, as defined in Section 99208. (b) (1) Except as authorized under paragraph (2), a transportation zone shall assume and be bound by the terms and conditions of employment set forth in any collective bargaining agreements between the authority and any labor organizations affected by the creation of the transportation zone as well as the duties, obligations, and liabilities arising from, or relating to, labor obligations imposed by state or federal law upon the authority. (2) Notwithstanding paragraph (1), if the authority is engaged in collective bargaining with labor organizations representing employees who are subject to transfer to the transportation zone between the date of approval of the transportation zone and the date of the transfer of service to the transportation zone, the authority may consult with the transportation zone regarding matters within the scope of labor representation. (c) (1) For a period of four years, commencing with the date of transfer of service by the authority to the transportation zone, or at the expiration date of any collective bargaining agreement that is in effect during that four-year period, whichever is later, employees of the transportation zone, together with like employees of the authority, shall constitute appropriate collective bargaining units. However, the transportation zone may be a separate employer for other purposes. (2) Upon expiration of the period described in paragraph (1), employees of the transportation zone, at the option of the transportation zone, may constitute appropriate collective bargaining units that are independent of the collective bargaining units of the authority. (3) If independent bargaining units are established as authorized under paragraph (2), the transportation zone may enter into agreements with labor organizations as a separate employer, regarding wages, benefits, and other terms and conditions of employment. (4) The transportation zone shall maintain single employer collective bargaining units for transportation operations and maintenance employees. Those bargaining units shall contain classifications for employees that are identical to those that existed for the joint collective bargaining units of the authority and the transportation zone under paragraph (1), unless modified by mutual agreement between the transportation zone and the affected labor organizations. (d) (1) The authority shall retain, for the period described in paragraph (1) of subdivision (c), the power of final approval of labor contracts negotiated by it and a transportation zone with those labor organizations representing collective bargaining units consisting of both employees of the authority and the employees of the transportation zone. However, the authority may not grant any final approval of a labor agreement unless it has first consulted with the transportation zone. (2) Upon expiration of the period described in paragraph (1) of subdivision (c), the authority shall have no final approval power over any labor contract negotiated between a transportation zone and a labor organization representing the employees of the transportation zone. (e) (1) A transportation zone shall maintain, as a cosponsor with the authority, any retirement system established and maintained under subdivision (b) of Section 130110, until participation in the retirement system or retirement benefits are modified under the collective bargaining process. (2) The transportation zone may appoint at least one member to the retirement board of the retirement system. If the size of the board is increased pursuant to this section, an equivalent number of representatives of the labor organization representing the employees shall be appointed to the board to ensure that the board maintains an equal number of employer and labor organization members. (3) Prior to the transfer of any service to a transportation zone, the plan administrator for the retirement system shall permit the transportation zone to perform an actuarial financial examination of the assets and liabilities of the retirement system and the benefits accrued under it. (4) The liability of the transportation zone for obligations under the retirement system shall be limited to benefits accruing to employees of the transportation zone. (f) (1) The transportation zone shall maintain the health care provisions contained in any assumed collective bargaining agreement, until those provisions are modified through the collective bargaining process. (2) The transportation zone may not be held liable for financial obligations to any health care provider that arose prior to the direct transfer of employees from the authority to the transportation zone. (g) Labor relations in a transportation zone shall be governed under Article 10 (commencing with Section 30750) of Chapter 4 of Part 3 of Division 10, except that whenever a duty or power is imposed upon or granted to the authority under those provisions, the duty or power, for the purposes of this section, shall be deemed to be imposed upon or granted to the transportation zone as well as the authority. (h) Nothing in this section prohibits a transportation zone from contracting for managerial services that are not provided by any classification of any bargaining unit. (i) A transportation zone is not an organizational unit of the authority. (Added by Stats. 2000, Ch. 1080, Sec. 2. Effective January 1, 2001.)
  94. 130051.25.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    Construction firms contracting with the Los Angeles County Metropolitan Transportation Authority must report total recordable injuries monthly, and the authority must review the reports annually.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.25. (a) For the purpose of this section, “recordable injury” means any injury requiring treatment beyond simple first aid. (b) A construction firm that contracts with the Los Angeles County Metropolitan Transportation Authority shall report total recordable injuries to the authority on a monthly basis. (c) The authority shall annually determine if the number of recordable injuries reported to the authority during the preceding calendar year exceeded the national average of similar injuries as reported by the Bureau of Labor Statistics for the most recent published year. If the authority determines that the number of recordable injuries reported to the authority during the preceding calendar year exceeded the national average, the authority shall not base any safety bonus program for contractors on injuries that result in lost time, and shall base such a program on the overall rate of recordable injuries. (Added by Stats. 1997, Ch. 657, Sec. 3. Effective January 1, 1998.)
  95. 130051.28.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The authority must appoint an inspector general for a four-year term, and the inspector general must report quarterly on specified authority expenditures. The inspector general can be removed only under stated conditions.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.28. (a) The Los Angeles County Metropolitan Transportation Authority shall appoint an inspector general to a term of office of four years. The inspector general shall be removed from office only if either or both of the following occur: (1) A two-thirds majority of the members of the authority votes for removal. (2) The inspector general violates a federal or state law or regulation, a local ordinance, or a policy or practice of the authority, relative to ethical practices, including, but not limited to, the acceptance of gifts or contributions. (b) The inspector general shall, at a noticed public hearing of the authority, report quarterly on the expenditures of the authority for travel, meals and refreshments, private club dues, membership fees and other charges, and any other expenditures which are specified by the authority. (c) Any investigatory file compiled by the inspector general is an investigatory file compiled by a local law enforcement agency subject to disclosure pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 406. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  96. 130051.5.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    Every member of the Los Angeles County Metropolitan Transportation Authority is subject to Government Code Section 87100.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.5. Every member of the Los Angeles County Metropolitan Transportation Authority is subject to Section 87100 of the Government Code. (Amended by Stats. 1997, Ch. 900, Sec. 3. Effective January 1, 1998.)
  97. 130051.6.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    Members of the Los Angeles County Metropolitan Transportation Authority generally serve four-year terms, may be removed by the appointing authority, and may be reappointed without limit.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.6. (a) Except as provided in subdivision (b), each member of the Los Angeles County Metropolitan Transportation Authority shall serve a term of four years or until his or her successor is appointed and qualified. A member may be removed at the pleasure of the appointing authority. A member may be reappointed for additional terms without limitation on the number of reappointments. Other than the member initially appointed by the Governor, and members appointed to staggered terms pursuant to subdivision (e) of Section 130051, the members initially appointed shall serve until January 1, 1997. (b) The membership of any member serving on the authority as a result of holding another public office shall terminate when the member ceases holding the other public office. (Repealed and added by Stats. 1992, Ch. 60, Sec. 10. Effective January 1, 1993. Note: Repeal of previous version is operative April 1, 1993, by Sec. 23 of Ch. 60.)
  98. 130051.7.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The listed transportation bodies must hold joint regular meetings at least quarterly, and specified local officials must personally attend instead of sending alternates or appointees.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.7. (a) The Los Angeles County Transportation Commission and the Southern California Rapid Transit District shall conduct joint regular meetings at least once during each quarter of the calendar year. (b) Notwithstanding subdivisions (a) and (b) of Section 130051, the members of the Los Angeles County Board of Supervisors and the Mayor of the City of Los Angeles, rather than their alternates, shall personally serve at the joint meetings. (c) Notwithstanding Section 30201, the members of the Los Angeles County Board of Supervisors, rather than their appointees, shall personally serve at the joint meetings. (d) Notwithstanding Section 30201, the Mayor of the City of Los Angeles, rather than the mayor’s appointee, shall personally serve at the joint meetings as one of the two directors representing the City of Los Angeles. (e) It is the intent of the Legislature that reasonable efforts be made to discuss major fiscal and policy items related to the Los Angeles County Transportation Commission and the Southern California Rapid Transit District at the meetings required by subdivision (a). This statement of legislative intent shall not be construed as requiring any action which would interfere with, delay, or otherwise impede the orderly and proper functioning of the Los Angeles County Transportation Commission or the Southern California Rapid Transit District. (Amended by Stats. 1992, Ch. 586, Sec. 3. Effective September 2, 1992.)
  99. 130051.9.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The authority must appoint a full-time chief executive officer and also a general counsel and board secretary. The chief executive officer serves a four-year term, can approve and award construction contracts based on the lowest responsible and responsive bid, and may be removed only on specified grounds.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130051.9. (a) The Los Angeles County Metropolitan Transportation Authority shall appoint a full-time chief executive officer who shall act for the authority under its direction and perform those duties delegated by the authority. (b) The chief executive officer shall be appointed to a term of four years and shall be removed from office only upon the occurrence of one or both of the following: (1) A two-thirds majority of the members of the authority votes for removal. (2) The chief executive officer violates a federal or state law, regulation, local ordinance, or policy or practice of the authority, relative to ethical practices, including, but not limited to, the acceptance of gifts or contributions. (c) The chief executive officer shall approve and award all contracts for construction, and that approval shall be based upon the lowest responsible and responsive bid submitted. (d) The Los Angeles County Metropolitan Transportation Authority shall appoint a general counsel and board secretary. (Amended by Stats. 1997, Ch. 900, Sec. 4. Effective January 1, 1998.)
  100. 130052.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The Orange County Transportation Commission is renamed the Orange County Transportation Authority and is governed by an 18-member board with specified appointment methods and term rules.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130052. The Orange County Transportation Commission shall be known as the Orange County Transportation Authority and shall be governed by a board of directors consisting of 18 members appointed as follows: (a) Five members of the Orange County Board of Supervisors appointed by that board. Terms of office of the five members of the board of supervisors shall be determined by the board of supervisors. A board of supervisors member’s term shall cease if he or she no longer serves as a member of the board of supervisors. (b) (1) (A) Five city members, with one from each of the five supervisorial districts, elected by the Orange County City Selection Committee members within each supervisorial district on a population-weighted voting basis. (B) Five city members, with one from each of the five supervisorial districts, elected on a “one city, one vote” basis by the Orange County City Selection Committee members within each supervisorial district. (2) A city that is within more than one supervisorial district shall be considered part of the district where the highest percentage of the city’s population resides. Under this circumstance, the entire city’s population shall be used for population-weighted voting purposes. Each city member shall be a mayor or a city council member serving within the county. Terms of office of each city member shall be determined by the Orange County City Selection Committee. A city member’s term shall cease if he or she no longer serves as a member of a city council or as the mayor of a city. (3) A city member serving on the authority on the effective date of the act amending this section in the 2003–04 Regular Session shall continue to serve until the earliest of either the expiration of his or her term or until he or she no longer serves as a mayor or member of a city council. (c) Two public members appointed by a majority vote of the other 15 voting members of the authority. Each public member shall be a resident of Orange County who is not then serving, and has not within the last four years served, as an elected official of a city within the county, as an elected official of any agency or special district within Orange County, or as an elected official of the county. Each public member shall serve for a term of four years. (d) The Director of Transportation, District 12, who shall be appointed by the Governor as a nonvoting member. The member shall serve for a term of four years. (Amended by Stats. 2004, Ch. 469, Sec. 1. Effective January 1, 2005.)
  101. 130052.1.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    Members of the Orange County Transportation Authority must serve as the governing body of the Orange County Service Authority for Freeway Emergencies.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130052.1. The members of the Orange County Transportation Authority, comprised as specified by Section 130052, shall serve as the governing body of the Orange County Service Authority for Freeway Emergencies. (Added by Stats. 1990, Ch. 983, Sec. 5. Operative December 1, 1991, or sooner, as prescribed by Sec. 8 of Ch. 983.)
  102. 130052.2.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    Until July 1, 1996, included municipal operators within the Orange County Transportation Authority area are entitled to an annual funding allocation, subject to apportionment and expenditure-limit conditions.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130052.2. Until July 1, 1996, any included municipal operator within the jurisdiction of the Orange County Transportation Authority shall annually be allocated a level of funding pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200) of Part 11 of Division 10) which is not less than the amount allocated to that operator during the 1989–90 fiscal year adjusted by an amount equal to the previous year’s allocation multiplied by the Los Angeles-Anaheim-Riverside Consumer Price Index, if the apportionment under Section 99231 is not exceeded, and the operator complies with the expenditure limit prescribed by Section 99268. (Added by Stats. 1990, Ch. 983, Sec. 6. Operative December 1, 1991, or sooner, as prescribed by Sec. 8 of Ch. 983.)
  103. 130052.3.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    Several Orange County transit agencies must jointly prepare a consolidation plan, get it approved, and send it to state officials by December 1, 1991. If they do not, the Controller must withhold certain payments during the 1992–93 fiscal year.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130052.3. (a) The Orange County Transportation Commission, the Orange County Transit District, the Orange County Service Authority for Freeway Emergencies, and the Orange County Consolidated Transportation Services Agency shall jointly develop a comprehensive plan for consolidation of the functions of these agencies. The plan shall include, but not be limited to, all of the following: (1) An institutional structure that provides for the consolidation of all functions of the agencies within a unified management structure responsible to a single policy board. (2) A staffing plan that defines the personnel needs of the consolidated agencies. (3) A financial plan that includes an estimate of the revenues available to the consolidated agencies, related restrictions or requirements, and an estimate of the expenditures under the consolidation plan. (4) Recommendations for legislation necessary to implement the plan. (b) The plan shall be approved by the Orange County Transportation Commission and the Board of Directors of the Orange County Transit District and shall be transmitted to the Legislature, the Governor, and the Controller on or before December 1, 1991. (c) If the plan is not submitted by December 1, 1991, the Controller shall, during the 1992–93 fiscal year, withhold payments pursuant to Sections 2104, 2105, 2106, and 2107 of the Streets and Highways Code to every city in Orange County, and the County of Orange. (d) Nothing in this section prohibits the Orange County Transportation Commission, the Orange County Transit District, the Orange County Service Authority for Freeway Emergencies, or the Orange County Consolidated Transportation Services Agency, pursuant to any authority which each respective agency possessed on January 1, 1991, from implementing all or part of the plan prior to its receipt by the Legislature. (Added by Stats. 1990, Ch. 983, Sec. 7.)
  104. 130053.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The Riverside County Transportation Commission must be made up of specified regular members, including county supervisors, city representatives, and one nonvoting gubernatorial appointee.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130053. The Riverside County Transportation Commission shall consist of the following regular members: (a) Five members of the Riverside County Board of Supervisors. (b) One member from each incorporated city in Riverside County, each of whom shall be a mayor or city council member. (c) One nonvoting member appointed by the Governor. (Amended by Stats. 1998, Ch. 387, Sec. 1. Effective January 1, 1999.)
  105. 130053.5.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The Riverside County Board of Supervisors must set up a procedure for alternate appointments, and incorporated cities in Riverside County must appoint one alternate member for the transportation commission when needed.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130053.5. (a) The Riverside County Board of Supervisors shall establish a procedure by which a member of that board may appoint an alternate member of the board of supervisors to represent the member for one meeting of the Riverside County Transportation Commission. Notice of the alternate appointment shall be made in writing to the clerk of the commission 24 hours prior to the meeting. (b) Each incorporated city in Riverside County shall appoint one alternate member to the commission who shall represent the regular member of the commission who serves on behalf of the city, if the regular member is not in attendance at a meeting. Notice of the alternate appointment shall be made in writing to the clerk of the commission 24 hours prior to the meeting. If an incorporated city appoints an alternate member, the alternate member shall be either the mayor or a city council member of that incorporated city. (Repealed and added by Stats. 1998, Ch. 387, Sec. 3. Effective January 1, 1999.)
  106. 130053.7.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    This section gives each regular Riverside County Transportation Commission member, and alternates acting in their place, one vote, allows any member to call for a weighted vote after a commission vote, and sets the quorum at a majority of total voting membership.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130053.7. (a) Except as specified in subdivision (b), each regular member of the Riverside County Transportation Commission, or an alternate member acting in the place of a regular member pursuant to Section 130053.5, shall have one vote at meetings of the commission. (b) Notwithstanding subdivision (a), any member of the commission, immediately after a vote of the commission in accordance with subdivision (a), may call for a weighted vote. For an item to be passed by weighted vote, all of the following requirements shall be met: (1) The item shall be approved by a majority of the commission members present at the meeting who represent the board of supervisors, who each shall have one vote. (2) The item shall be approved by a majority of the commission members present at the meeting who represent cities in Riverside County, who each shall have one vote. (3) The item shall be approved by commission members present at the meeting who represent cities in Riverside County representing a majority of the population of the county living in incorporated areas. For the purpose of this paragraph, each regular commission member at the meeting who represents a city in Riverside County shall be assigned votes based on the percentage of the population of incorporated areas of Riverside County represented by that member in relation to the total population of incorporated areas of Riverside County represented at the meeting. Population data shall be determined through Department of Finance estimates, adjusted annually. (c) Notwithstanding Section 130102, a quorum of the Riverside County Transportation Commission shall be a majority of the total voting membership of the commission. (Added by Stats. 1998, Ch. 387, Sec. 4. Effective January 1, 1999.)
  107. 130054.1.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The Ventura County Transportation Commission is made up of specified county, city, citizen, and gubernatorial members.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130054.1. The Ventura County Transportation Commission shall consist of the following members: (a) Five members of the Ventura County Board of Supervisors. (b) One member from each incorporated city within Ventura County who shall be the mayor of the city or a member of its city council. The term of a member under this subdivision terminates when he or she ceases to hold that office or when replaced by the city council. (c) One citizen member appointed by the Ventura County Board of Supervisors, who shall not be an elected official, but who shall be a resident of Ventura County. (d) One citizen member appointed by the Ventura County City Selection Committee, who shall not be an elected official, but who shall be a resident of Ventura County. (e) One nonvoting member appointed by the Governor. (Amended by Stats. 2005, Ch. 22, Sec. 174. Effective January 1, 2006.)
  108. 130054.8.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The Governor must appoint a nonvoting member to each commission, and that appointee serves a four-year term; no individual may serve more than two terms.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130054.8. The Governor shall appoint a nonvoting member to each of the commissions to represent the interest of state. The appointees shall serve terms of four years and until their successors are appointed and qualified. No individual shall serve as a nonvoting member more than two terms on a commission. (Amended by Stats. 1983, Ch. 904, Sec. 2.)
  109. 130055.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The commissions must merge with, or join, a qualifying multifunctional regional government organization within one year after that organization is created.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130055. The commissions shall merge with, or otherwise join, any statutorily created multifunctional regional government organization, if it has transportation planning and programming responsibilities as specified in Article 5 (commencing with Section 130300) of Chapter 4, within one year of creation of such an organization. (Added by Stats. 1976, Ch. 1333.)
  110. 130056.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The commissions must rely as much as possible on existing transportation planning and programming data and expertise instead of building a large duplicative staff and plan set.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130056. The commissions shall rely to the maximum extent possible on existing state, regional, and local transportation planning and programming data and expertise, rather than on a large duplicative commission staff and set of plans. The Legislature envisions the development of a small, but very capable, core staff able to provide the commissions with an objective analysis of the various options relative to plans and proposed projects of the regional and local transportation agencies and operators, and then translate those options into a short-range transportation improvement program to be developed and approved pursuant to subdivision (b) of Section 130303 in accordance with decisions made by the commissions. (Added by Stats. 1976, Ch. 1333.)
  111. 130057.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    After approval of the short-range transportation improvement program, the responsible transportation agencies may decide how best to implement it, but any implementation changes must stay consistent with the program’s purposes and be reported to the commission immediately.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130057. It is the intent of the Legislature that, after the development and approval of the short-range transportation improvement program pursuant to subdivision (b) of Section 130303, the transportation agencies responsible for the implementation of the program shall be granted discretion on how to best implement the program. Any changes made in the program by such an agency in its implementation shall be consistent with the purposes of the program, and the commission shall be immediately notified of such changes. (Added by Stats. 1976, Ch. 1333.)
  112. 130058.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The Legislature states that the four commissions should be encouraged to work through the multicounty designated transportation planning agency to make joint powers agreements or other contracts for transportation facilities or services when they think it is in the public interest.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130058. It is the intent of the Legislature that, working through the multicounty designated transportation planning agency, the four commissions be encouraged to develop joint powers agreements or other contractual arrangements between themselves in the development of transportation facilities or for the provision of transportation services where the commissions feel such arrangements are in the public interest. (Added by Stats. 1976, Ch. 1333.)
  113. 130059.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. )

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    The multicounty designated transportation planning agency must hold at least two meetings each year with representatives from the four commissions, the agency, and the Department of Transportation.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 2. Creation of Commissions [130050 - 130059] ( Chapter 2 added by Stats. 1976, Ch. 1333. ) ## 130059. The multicounty designated transportation planning agency shall convene at least two meetings annually of representatives from each of the four commissions, the agency, and the Department of Transportation for the following purposes: (a) To review and discuss the near-term transportation improvement programs prior to adoption by the commissions. (b) To review and discuss the regional transportation plan prior to adoption by the agency pursuant to Chapter 2.5 (commencing with Section 65080) of Title 7 of the Government Code. (c) To consider progress in the development of a regionwide and unified public transit system. (d) To review and discuss any other matter of mutual concern. (Amended by Stats. 1977, Ch. 950.)
  114. 13010.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 11. Municipal Improvement Act of 1913 [13010- 13010.] ( Article 11 added by Stats. 1963, Ch. 1345. )

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    A district formed under this division may use the Municipal Improvement Act of 1913 for any purpose the district may carry out.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 11. Municipal Improvement Act of 1913 [13010- 13010.] ( Article 11 added by Stats. 1963, Ch. 1345. ) ## 13010. The Municipal Improvement Act of 1913 may be used by a district formed pursuant to this division for any purpose or purposes which a district may carry out. (Added by Stats. 1965, Ch. 210.)
  115. 130100.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

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    Each commission must elect a chairperson and vice chairperson at its first meeting and then annually, with the chairperson presiding at meetings and a chairperson pro tempore selected if needed.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130100. Except as otherwise provided in Section 130052, each commission at its first meeting, and thereafter annually at the first meeting in January or at such other date as the commission may determine, shall elect a chairperson from its members who shall preside at all meetings, and a vice chairperson who shall preside in his or her absence. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chairperson pro tempore, who, while so acting, shall have all of the authority of the chairperson. (Amended by Stats. 1983, Ch. 904, Sec. 3.)
  116. 130101.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

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    The commission must establish rules for its proceedings and those rules must be consistent with California law.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130101. The commission shall establish rules for its proceedings consistent with the law of the State of California. (Added by Stats. 1976, Ch. 1333.)
  117. 130102.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    A majority of the commission’s members makes a quorum, and commission official acts need an affirmative vote of a majority of the members.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130102. A majority of the members of the commission shall constitute a quorum for the transaction of business, and all official acts of the commission shall require the affirmative vote of a majority of the members of the commission. (Amended by Stats. 2016, Ch. 216, Sec. 3. (SB 1305) Effective January 1, 2017.)
  118. 130103.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The commission must express its acts by motion, resolution, or ordinance.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130103. The acts of the commission shall be expressed by motion, resolution, or ordinance. (Added by Stats. 1976, Ch. 1333.)
  119. 130104.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

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    The commission must conduct its meetings under the Ralph M. Brown Act, and the citizens’ advisory committee and technical advisory committee must hold meetings under Government Code Section 54952.3.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130104. (a) All meetings of the commission shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code). (b) All meetings of the citizens’ advisory committee and technical advisory committee shall be held pursuant to Section 54952.3 of the Government Code, and no other provision of the Ralph M. Brown Act shall apply to meetings of these committees. (Amended by Stats. 1977, Ch. 950.)
  120. 130105.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

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    The commission must adopt an annual budget, set officer and employee pay, maintain an administrative code, arrange an annual postaudit, appoint advisory committees, and do whatever is necessary to carry out the division.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130105. The commission shall: (a) Adopt an annual budget and fix the compensation of its officers and employees. (b) Adopt an administrative code, by ordinance, which shall prescribe the powers and duties of commission officers, the method of appointment of commission employees, and methods, procedures, and systems of operation and management of the commission. (c) Cause a postaudit of the financial transactions and records of the commission to be made at least annually by a certified public accountant. (d) Appoint, not later than July 1, 1977, a citizens’ advisory committee, which membership shall reflect a broad spectrum of interests and all geographic areas of the county. Members of the staff of the commission, as determined by the commission, shall be available to aid the citizens’ advisory committee in its work. (e) Appoint a technical advisory committee of representatives from all of the transit operators, all of the cities and the county, and the Department of Transportation, and such other advisory committees it deems necessary. (f) Do any and all things necessary to carry out the purposes of this division. (Added by Stats. 1976, Ch. 1333.)
  121. 130106.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    Notice of the public hearing on the annual budget must be published no later than 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. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130106. Notice of time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than the 15th day prior to the date of the hearing. The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. (Added by Stats. 1976, Ch. 1333.)
  122. 130107.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

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    The commission must appoint a full-time executive director, and the executive director must act for the commission under its direction.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130107. The commission shall appoint a full-time executive director who shall act for the commission under its direction. The commission may appoint such officers as it deems necessary to carry out its duties and functions. (Added by Stats. 1976, Ch. 1333.)
  123. 130108.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

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    Commission and specified authority members may be compensated, subject to daily and monthly caps and authorization for related expenses.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130108. (a) Each member of a commission may be compensated at a rate not exceeding one hundred dollars ($100) for any day attending to the business of the commission, but not to exceed four hundred dollars ($400) in any month, and the necessary traveling and personal expenses incurred in the performance of his or her duties as authorized by the commission. Members of the San Bernardino County Transportation Authority shall be compensated pursuant to this subdivision. Members of the Los Angeles County Metropolitan Transportation Authority shall be compensated pursuant to subdivision (b). (b) Each member of the Los Angeles County Metropolitan Transportation Authority shall be compensated at a rate not exceeding one hundred and fifty dollars ($150) for any day attending to the business of the authority, but not to exceed six hundred dollars ($600) per month, and other expenses which are directly related to the performance of duties as authorized by the authority. (Amended by Stats. 2016, Ch. 216, Sec. 5. (SB 1305) Effective January 1, 2017.)
  124. 130108.5.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

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    The board may authorize travel and personal expense payments and per diem compensation for its members.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130108.5. Notwithstanding Section 130108, the Board of Directors of the Orange County Transportation Authority may allow members of the board necessary traveling and personal expenses incurred in performance of duties authorized by the board and may allow members per diem compensation at the maximum rate of one hundred dollars ($100) per day, not to exceed five hundred dollars ($500) in any calendar month, for attending board meetings and for performance of any other services for the authority as authorized by the board. (Added by Stats. 1991, Ch. 752, Sec. 7.)
  125. 130109.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

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    The commission must contract for retirement coverage for its employees, unless subdivision (b) is used instead. Employees are entitled to substantially similar health benefits, and certain Orange County employees may choose between retirement systems by February 1, 1992.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130109. (a) Except as otherwise provided in subdivision (b), the commission shall enter into a contract with the Board of Administration of the Public Employees’ Retirement System, and the board shall enter into that contract, to include all of the employees of the commission into that retirement system, and the employees shall be entitled to substantially similar health benefits as are state employees pursuant to Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code. (b) For purposes of providing retirement benefits, the commission may contract with the retirement system that the employees of the county in which the commission is located are members of in lieu of contracting with the board. (c) Each person employed by the Orange County Transportation Commission on January 1, 1992, may, no later than February 1, 1992, elect to either remain a member of the Public Employees’ Retirement System or become a member of the Orange County Employees Retirement System. All persons who become employed by the commission after February 1, 1991, shall be members of the Orange County Employees Retirement System. (Amended by Stats. 2004, Ch. 69, Sec. 37. Effective June 24, 2004.)
  126. 130109.1.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    When the Ventura County Transportation Commission is created and a contract with the Public Employees’ Retirement System Board of Administration takes effect, existing balances must be transferred to the commission’s account in that fund.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130109.1. Upon creation of the Ventura County Transportation Commission, and on the effective date of a contract with the Board of Administration of the Public Employees’ Retirement System, existing balances in the Ventura County Association of Governments Account in the Public Employees’ Retirement Fund shall be transferred to the commission’s account in that fund. (Added by Stats. 1988, Ch. 1136, Sec. 4.)
  127. 130110.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The authority must set retirement benefits for its employees under different rules depending on whether they are in a bargaining unit and, in one case, under a collective bargaining agreement.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 3. Administration [130100 - 130110] ( Chapter 3 added by Stats. 1976, Ch. 1333. ) ## 130110. (a) For employees of the Los Angeles County Metropolitan Transportation Authority not in a bargaining unit represented by a labor organization, the authority shall establish retirement benefits pursuant to Article 1 (commencing with Section 30400) and Article 2 (commencing with Section 30430) of Chapter 4 of Part 3 of Division 10. (b) Retirement benefits for employees of the authority and any organizational unit of the authority in a bargaining unit represented by a labor organization shall be established pursuant to Article 3 (commencing with Section 30450) of Chapter 4 of Part 3 of Division 10. (c) Retirement benefits for employees of the authority and any organizational unit of the authority in a bargaining unit represented by a labor organization that was created on or after January 1, 1999, for the purpose of representing managerial employees or supervisorial employees, shall be established pursuant to a collective bargaining agreement between the authority or any organizational unit of the authority and that labor organization. (Amended by Stats. 2000, Ch. 1080, Sec. 3. Effective January 1, 2001.)
  128. 130200.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 1. Corporate Powers [130200 - 130203] ( Article 1 added by Stats. 1976, Ch. 1333. )

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

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 1. Corporate Powers [130200 - 130203] ( Article 1 added by Stats. 1976, Ch. 1333. ) ## 130200. The commission has perpetual succession and may adopt a seal and alter it at its pleasure. (Added by Stats. 1976, Ch. 1333.)
  129. 130201.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 1. Corporate Powers [130200 - 130203] ( Article 1 added by Stats. 1976, Ch. 1333. )

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    The commission may sue and be sued, unless another law provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 1. Corporate Powers [130200 - 130203] ( Article 1 added by Stats. 1976, Ch. 1333. ) ## 130201. The commission may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (Added by Stats. 1976, Ch. 1333.)
  130. 130202.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 1. Corporate Powers [130200 - 130203] ( Article 1 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    Claims for money or damages against the commission are governed by Government Code Division 3.6, unless that division or other expressly applicable statutes or regulations provide otherwise.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 1. Corporate Powers [130200 - 130203] ( Article 1 added by Stats. 1976, Ch. 1333. ) ## 130202. 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. 1976, Ch. 1333.)
  131. 130203.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 1. Corporate Powers [130200 - 130203] ( Article 1 added by Stats. 1976, Ch. 1333. )

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    A commission may authorize the sale, destruction, or other disposition of certain records or documents if it decides by resolution that they are no longer useful or valuable and have been held by the commission or its officers or employees for at least 10 years.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 1. Corporate Powers [130200 - 130203] ( Article 1 added by Stats. 1976, Ch. 1333. ) ## 130203. Whenever a commission, by resolution, determines that any record, map, book, paper, or other document of the commission in the possession of the commission or any officer or employee for 10 years or more is of no further use or value to the commission, the commission may authorize its sale, destruction, or other disposition. (Added by Stats. 1992, Ch. 1172, Sec. 8. Effective September 30, 1992.)
  132. 13021.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 12. Irrigation Standby or Immediate Availability Charge [13021 - 13024] ( Article 12 added by Stats. 1971, Ch. 174. )

    Verify source ↗

    This article applies only to a district’s ownership, operation, control, or use of an irrigation water distribution system.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 12. Irrigation Standby or Immediate Availability Charge [13021 - 13024] ( Article 12 added by Stats. 1971, Ch. 174. ) ## 13021. This article shall apply only to the ownership, operation, control, or use by a district of a system for the distribution of irrigation water and shall not affect, but shall be in addition to, the right of the board of directors of the district to fix rates and charges, and to supervise and regulate every utility owned and operated by the district pursuant to this division. (Added by Stats. 1971, Ch. 174.)
  133. 13022.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 12. Irrigation Standby or Immediate Availability Charge [13021 - 13024] ( Article 12 added by Stats. 1971, Ch. 174. )

    Verify source ↗

    A district may set an irrigation standby or immediate availability charge on land served for irrigation, but must follow notice, protest, and hearing procedures, exclude certain transportation lands, and stay within the $10 per acre cap unless another procedure statute applies.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 12. Irrigation Standby or Immediate Availability Charge [13021 - 13024] ( Article 12 added by Stats. 1971, Ch. 174. ) ## 13022. (a) A district which acquires, constructs, owns, operates, controls, or uses works for supplying its inhabitants and lands within the district with irrigation water, may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix by resolution on or before the first day of July of each year a water standby or immediate availability charge on all land within its boundaries to which water is made available by the district for irrigation purposes, whether the water is actually used or not. Such charge shall not apply to lands permanently dedicated exclusively to transportation of persons or property. (b) The board of directors of a district which fixes such a standby charge may establish schedules varying the charges in different areas within a district. The board of directors may not, however, fix an annual standby charge at a rate in excess of ten dollars ($10) per acre or portion thereof, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). (c) If the procedures set forth in this section as it read at the time a standby charge was established were followed, the district’s board may, by resolution, continue the charge pursuant to this section in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (Amended by Stats. 2007, Ch. 27, Sec. 14. Effective January 1, 2008.)
  134. 130220.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The commission may make contracts and stipulations, including agreements related to eminent domain, indemnity, labor, and other acts needed to carry out its powers.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130220. The commission may make contracts and enter into stipulations of any nature whatsoever either in connection with eminent domain proceedings or otherwise, including, without limiting the generality of the foregoing, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this division. (Added by Stats. 1976, Ch. 1333.)
  135. 130220.5.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The commission may use eminent domain to take property needed for its powers, and may also do so outside its territorial limits for environmental mitigation only when other law authorizes it and the county board of supervisors consents.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130220.5. (a) The commission has the power of eminent domain to take any property necessary, incidental, or convenient to the exercise of its powers pursuant to this division. (b) The commission may exercise the power of eminent domain to acquire property outside its territorial limits for environmental mitigation purposes only if otherwise authorized by law and only to the extent so authorized, and only with the consent of the board of supervisors of the county in which the mitigation will occur. (c) No action to acquire property by eminent domain within any incorporated city or within the unincorporated area of any county shall be commenced unless written notice is given to the legislative body of the affected city or county, as the case may be, in accordance with Section 1245.235 of the Code of Civil Procedure, and the affected city or county, as the case may be, shall have the same rights to a hearing before the commission as a person to whom notice is otherwise required to be given under that section. (Amended by Stats. 1992, Ch. 613, Sec. 1. Effective January 1, 1993.)
  136. 130221.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The commission may enter into contracts with federal departments or agencies, public agencies, or any person, as long as it finds the terms are in its best interest.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130221. 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 multicounty designated transportation planning agency, or any transit district, county, or city), or with any person upon such terms and conditions as the commission finds is in its best interest. (Added by Stats. 1976, Ch. 1333.)
  137. 13023.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 12. Irrigation Standby or Immediate Availability Charge [13021 - 13024] ( Article 12 added by Stats. 1971, Ch. 174. )

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    Districts that levy a standby charge and use the county/state collection procedure must send yearly written parcel and charge details to each affected county auditor by August 1. County tax-collecting officers must collect the standby charge with regular taxes and pay it to the district; the charge becomes a lien with the same effect and enforcement tools as tax liens.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 12. Irrigation Standby or Immediate Availability Charge [13021 - 13024] ( Article 12 added by Stats. 1971, Ch. 174. ) ## 13023. (a) Any district levying a standby charge, which has elected under Section 12897 to use county and state assessment and tax collection procedures, shall, on or before the first day of August of each year, furnish in writing to the county auditor of each affected county a description of each parcel of land within the district upon which a standby charge has been levied for the current fiscal year, together with the amount of standby charge fixed by the district on each parcel of land. (b) All county officers charged with the duty of collecting taxes shall collect district standby charges with the regular tax payments to the county. Such charges shall be collected in the same form and manner as county taxes are collected and shall be paid to the district. Charges fixed by the district shall be a lien on all the property benefited thereby. Liens for such charges shall be of the same force and effect as other liens for taxes, and their collection may be enforced by the same means as provided for the enforcement of liens for state and county taxes. (Added by Stats. 1971, Ch. 174.)
  138. 130231.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The Los Angeles County Transportation Commission may impose a transactions and use tax in Los Angeles County and may plan, design, and construct an exclusive public mass transit guideway system there. When letting construction contracts for that system, the commission must follow this article.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130231. (a) The Los Angeles County Transportation Commission is authorized to impose a transactions and use tax within the County of Los Angeles pursuant to the approval by the voters of the commission’s Ordinance No. 16 in 1980 and its Ordinance No. 49 in 1990, and has the authority and power vested in the Southern California Rapid Transit District to plan, design, and construct an exclusive public mass transit guideway system in the County of Los Angeles, including, but not limited to, Article 5 (commencing with Section 30630 of Chapter 5 of Part 3 of Division 11). (b) The commission shall conform to this article in letting contracts for the construction of that system. (Amended by Stats. 1991, Ch. 159, Sec. 3.)
  139. 130232.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    This section sets bidding and quotation rules for county transportation commission purchases and construction contracts, with special rules for the Los Angeles County Metropolitan Transportation Authority and the San Bernardino County Transportation Authority.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130232. (a) Except as provided in subdivisions (f) and (g), purchase of all supplies, equipment, and materials, and the construction of all facilities and works, when the expenditure required exceeds twenty-five thousand dollars ($25,000), shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published at least once in a newspaper of general circulation. The publication shall be made at least 10 days before the date for the receipt of the bids. The commission, at its discretion, may reject any and all bids and readvertise. (b) Except as provided for in subdivisions (f) and (g), whenever the expected expenditure required exceeds one thousand dollars ($1,000), but not twenty-five thousand dollars ($25,000), the commission shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared. (c) Where the expenditure required by the bid price is less than fifty thousand dollars ($50,000), the executive director may act for the commission. (d) All bids for construction work submitted pursuant to this section shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder’s security: (1) Cash. (2) A cashier’s check made payable to the commission. (3) A certified check made payable to the commission. (4) A bidder’s bond executed by an admitted surety insurer, made payable to the commission. (e) Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the commission beyond 60 days from the date that the award was made. (f) The following provisions apply only to the Los Angeles County Metropolitan Transportation Authority: (1) The contract shall be let to the lowest responsible bidder or, in the authority’s discretion, to the person who submitted a proposal that provides the best value to the commission on the basis of the factors identified in the solicitation when the purchase price of all supplies, equipment, and materials exceeds one hundred fifty thousand dollars ($150,000). “Best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit in response to requirements described in the solicitation documents. The contract shall be let to the lowest responsible bidder when the purchase price of the construction of all facilities exceeds twenty-five thousand dollars ($25,000). (2) The authority shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared whenever the expected expenditure required exceeds three thousand dollars ($3,000), but not one hundred fifty thousand dollars ($150,000). (3) The authority may purchase supplies, equipment, and materials from a public auction sale, including public auctions held via the internet, using the procedures established for all other participants in the public auction. (4) The authority may participate in a procurement agreement involving other public entities that is identified by a procuring public entity or entities as a cooperative procuring agreement from which other public entities may make purchases or enter into contracts, and the authority may procure, and enter into contracts for, items purchased pursuant to that procurement agreement, notwithstanding that the authority may not be the procuring public entity, provided the procurement agreement is awarded or entered into by either of the following: (A) One or more public entities or an organization of public entities, which may include the authority. (B) A federal, state, or local public entity. (5) (A) Notwithstanding any other law requiring the authority to award contracts to the lowest responsible bidder, the authority may, except as to contracts for professional services involving private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management as defined in Sections 4525 and 4529.10 of the Government Code, do any of the following in facilitating contract awards with small business enterprises, medium business enterprises, local small business enterprises, and disabled veteran business enterprises: (i) Provide for a small business enterprise preference in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services. The preference to a small business enterprise shall be 5 percent of the lowest responsible bidder meeting specifications that provides for small business enterprise participation. (ii) Provide for a local small business enterprise preference in construction, the construction component of a design-build team, the procurement of goods, or the delivery of services. The preference to a local small business enterprise shall be 5 percent of the lowest responsible bidder meeting specifications that provides for local small business enterprise participation. The authority may also offer the preference to a nonlocal business if the bid includes a 30-percent participation by local small business enterprises. (iii) Establish a subcontracting participation goal for small business enterprises on contracts financed with nonfederal funds and grant a preference of 5 percent to the lowest responsible bidders who meet the goal. (iv) Require bidders, before the time bids are opened, to comply with the small business enterprise and disabled veteran business enterprise goals and requirements established by the authority on contracts financed with nonfederal funds. (v) In awarding contracts to the lowest responsible bidder, award the contract to the lowest responsible bidder meeting the small business enterprise and disabled veteran business enterprise goals. (vi) Until January 1, 2028, set aside work for competition among certified small business enterprises and award each contract to the lowest responsible bidder whenever the expected expenditure required exceeds five thousand dollars ($5,000) but is less than five million dollars ($5,000,000), as long as price quotations are solicited by the authority from three or more certified small business enterprises. (vii) Until January 1, 2028, set aside work for competition among medium business enterprises for no more than 20 contracts and award each contract to the lowest responsible bidder whenever the expected expenditure required exceeds five million dollars ($5,000,000) but is less than thirty million dollars ($30,000,000), as long as price quotations are solicited by the authority from three or more medium business enterprises. (B) If the authority awards contracts pursuant to clause (vi) or (vii) of subparagraph (A), the authority, for purposes of legislative oversight, shall prepare and submit the reports described in this subparagraph to the Legislature regarding contracts awarded pursuant to clauses (vi) and (vii) of subparagraph (A). The reports shall be submitted in compliance with Section 9795 of the Government Code and shall be submitted in accordance with the following: (i) By December 31, 2023, for contracts issued between January 1, 2019, and December 31, 2023. (ii) By December 31, 2026, for contracts issued between January 1, 2019, and December 31, 2026. The report shall note the number of employees working at a medium business enterprise receiving awards pursuant to this section. (C) A small or medium business enterprise recommended for a contract award through use of a set aside shall be performing a commercially useful function. A small business enterprise shall be presumed to be performing a commercially useful function if it performs and exercises responsibility of at least 30 percent of the total cost of the contract work with its own workforce. (D) “Small business enterprise” as used in this paragraph, means a business enterprise that is classified as a small business under United States Small Business Administration rules and meets the current small business enterprise size standards found in Part 121 of Title 13 of the Code of Federal Regulations appropriate to the type of work the enterprise seeks to perform. The authority may establish limitations regarding the average annual gross receipts of a small business over the previous three fiscal years and establish limitations regarding the personal net worth of the owner of the small business, exclusive of the value of the owner’s personal residence. (E) “Local small business enterprise” as used in this paragraph, means a business enterprise that is classified as a small business under United States Small Business Administration rules, meets the current small business enterprise size standards found in Part 121 of Title 13 of the Code of Federal Regulations appropriate to the type of work the enterprise seeks to perform, and is headquartered in the County of Los Angeles. (F) “Medium business enterprise” as used in this paragraph means a company that is not a subsidiary of another company and that has a maximum of 250 employees and a maximum of two hundred fifty million dollars ($250,000,000) in gross annual receipts averaged over three years. (G) “Disabled veteran business enterprise” as used in this paragraph has the meaning as defined in Section 999 of the Military and Veterans Code. (H) “Goal” as used in this paragraph means a numerically expressed objective that bidders are required to achieve. (g) The following provisions apply only to the San Bernardino County Transportation Authority: (1) The purchase of all supplies, equipment, and materials, when the expenditure required exceeds one hundred thousand dollars ($100,000), shall, by contract, be let to the lowest responsible bidder, or, in the authority’s discretion, to the responsible bidder who submitted a proposal that provides the best value to the authority on the basis of the factors identified in the solicitation. “Best value” means the overall combination of quality, price, and other elements of a proposal that, when considered together, provide the greatest overall benefit in response to the requirements described in the solicitation documents. (2) To the extent practicable, the authority shall obtain a minimum of three quotations, either written or oral, that permit prices and terms to be compared whenever the expected expenditure required for the purchase of supplies, equipment, or materials exceeds five thousand dollars ($5,000), but does not exceed one hundred thousand dollars ($100,000). (Amended by Stats. 2024, Ch. 724, Sec. 1. (AB 2590) Effective January 1, 2025.)
  140. 130233.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    After rejecting bids, the commission or the San Bernardino County Transportation Authority may buy supplies, equipment, or materials in the open market if it determines they can be purchased at a lower price, and then it need not follow the article’s contract, bid, advertisement, or notice rules.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130233. (a) Except as provided in subdivision (b), if, after rejecting bids received under Section 130232, the commission determines and declares, by a two-thirds vote of all of its members, that the supplies, equipment, or materials may be purchased at a lower price in the open market, the commission may proceed to purchase those supplies, equipment, or materials in the open market without further observance of the provisions in this article regarding contracts, bids, advertisement, or notice. (b) If, after rejecting bids received under Section 130232, the San Bernardino County Transportation Authority determines and declares, by a majority vote of all of its members, that the supplies, equipment, or materials may be purchased at a lower price in the open market, the authority may proceed to purchase those supplies, equipment, or materials in the open market without further observance of the provisions in this article regarding contracts, bids, advertisement, or notice. (Amended by Stats. 2016, Ch. 216, Sec. 6. (SB 1305) Effective January 1, 2017.)
  141. 130234.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The commission may, in a major emergency, authorize immediate spending or emergency contracts without following the article’s contract, bid, advertisement, or notice rules.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130234. In case of any great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or interruption of contracts essential to the provision of daily transit service or catastrophic failure of revenue-producing equipment or facilities, the commission may, by resolution passed by a two-thirds vote of all its members, declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in the emergency without observance of the provisions in this article regarding contracts, bids, advertisement, or notice. (Added by Stats. 1986, Ch. 195, Sec. 137.4.)
  142. 130235.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The executive director may approve certain direct purchases and spending without following specified procurement sections if emergency repairs or other immediate remedial measures are needed and other available measures are inadequate. After any such spending, the executive director must report to the commission and explain why the action was necessary.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130235. (a) Upon determining that immediate remedial measures to avert or alleviate damage to property, or to replace, repair, or restore damaged or destroyed property, of the commission are necessary in order to ensure that the facilities of the commission are available to serve the transportation needs of the general public, and upon determining that available remedial measures, including procurement or construction in compliance with Sections 130232, 130233, and 130234 are inadequate, the executive director may authorize the expenditure of money previously appropriated specifically by the commission for the direct purchases of goods and services, without following those sections. (b) The executive director shall, after any such expenditure, submit to the commission a full report explaining the necessity for the action. (Added by Stats. 1986, Ch. 195, Sec. 137.5.)
  143. 130236.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The commission may approve prototype equipment or modifications for operational testing if two-thirds of all commissioners find the usual procurement method is not adequate.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130236. Notwithstanding Section 130232, and upon a finding by two-thirds vote of all members of the commission that the proposed purchase in compliance with Sections 130232 and 130233 does not constitute a method of procurement adequate for the operation of commission facilities or equipment, the commission may direct the procurement of prototype equipment or modifications in an amount sufficient to conduct and evaluate operational testing without further observance of any provisions in this article regarding contracts, bids, advertisements, or notice. (Added by Stats. 1986, Ch. 195, Sec. 137.6.)
  144. 130237.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The commission may approve buying supplies, equipment, or materials without following contract, bid, advertisement, or notice rules if two-thirds of the commission finds there is only one source and the purchase is only to duplicate or replace items already in use.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130237. Notwithstanding Section 130232, the commission may direct the purchase of any supply, equipment, or material without observance of any provision in this article regarding contracts, bids, advertisement, or notice upon a finding by two-thirds of all members of the commission that there is only a single source of procurement therefor and that the purchase is for the sole purpose of duplicating or replacing supply, equipment, or material already in use. (Added by Stats. 1986, Ch. 195, Sec. 137.7.)
  145. 130238.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    For certain commission purchases, the commission may use competitive negotiation only after a two-thirds vote and must follow specified RFP, notice, award, and protest procedures.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130238. (a) The Legislature finds and declares that (1) because of the highly specialized and unique nature of all rail transit equipment, (2) because of products and materials which are undergoing rapid technological changes, and (3) for the introduction of new technological changes into the operations of the commission, it may be in the public interest to consider, in addition to price, factors such as vendor financing, performance reliability, standardization, life-cycle costs, delivery timetables, support logistics, and the broadest possible range of competing products and materials available, fitness of purchase, manufacturer’s warranty, and similar factors in the award of contracts for these vehicles and equipment. (b) This section applies only to the purchase by the commission of (1) specialized rail transit equipment, including rail cars, and (2) computers, telecommunications equipment, fare collections equipment, microwave equipment, and other related electronic equipment and apparatus. This section does not apply to contracts for construction or for the procurement of any product available in substantial quantities to the general public. (c) The commission may, after finding by a two-thirds vote of all of its members that a particular procurement qualifies under subdivision (b), direct that the procurement be conducted through competitive negotiation under this section. For purposes of this section, competitive negotiation includes, but is not limited to, all of the following requirements: (1) The request for proposals shall be prepared and submitted to an adequate number of qualified sources, as determined by the commission, to permit reasonable competition consistent with the nature and requirement of the procurement. (2) Notice of the request for proposals shall be published at least twice in a newspaper of general circulation, at least 10 days before the date for receipt of the proposals. (3) The commission shall make every effort to generate the maximum feasible number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiate if only a single response to the request for proposals is received. (4) The request for proposals shall identify all significant evaluation factors, including price, and their relative importance. (5) The commission shall provide reasonable procedures for technical evaluation of the proposals received, identification of qualified sources, and selection for contract award. (6) Award shall be made to the qualified proposer whose proposal will be most advantageous to the commission with price and all other factors considered. (7) If award is not made to the bidder whose proposal contains the lowest price, the commission shall make a finding setting forth the basis for the award. (d) The commission, at its discretion, may reject any and all proposals and request new proposals. (e) A person who submits, or who plans to submit, a proposal may protest any acquisition conducted in accordance with this section as follows: (1) Protests based on the content of the request for proposals shall be filed with the commission within 10 calendar days after the request for proposals is first advertised in accordance with subdivision (c). The commission shall issue a written decision on the protest prior to opening of proposals. A protest may be renewed by refiling the protest with the commission within 15 calendar days after the mailing of the notice of the recommended award. (2) Any bidder may protest the recommended award on any ground not based upon the content of the request for proposals by filing a protest with the commission within 15 calendar days after the mailing of the notice of the recommended award. (3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protestors shall have an opportunity to appear and be heard before the commission prior to the opening of proposals in the case of protests based on the content of the request for proposals, or prior to final award in the case of protests based on other grounds or the renewal of protests based on the content of the request for proposals. (f) Provisions in any contract concerning women and minority business enterprises, which provisions are in accordance with the request for proposals, shall not be subject to negotiation with the successful bidder. (Amended by Stats. 1990, Ch. 591, Sec. 4.)
  146. 130239.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The commission may develop a program for its activities and contracts to help minority-owned and women-owned businesses and disadvantaged individuals participate, if specified federal rules do not apply.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130239. In order to facilitate the participation of minority-owned and women-owned businesses and disadvantaged individuals in activities and contracts of the commission, to the extent that the provisions of Executive Order 11246 of September 24, 1965, as amended, and Chapter 60 (commencing with Section 60.1) of Title 41 and Part 23 (commencing with Section 23.1) of Title 49 of the Code of Federal Regulations are not applicable, the commission has the authority to develop a program to implement similar provisions applicable to its activities and contracts. (Amended by Stats. 1991, Ch. 159, Sec. 4.)
  147. 13024.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 12. Irrigation Standby or Immediate Availability Charge [13021 - 13024] ( Article 12 added by Stats. 1971, Ch. 174. )

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    The district may use standby-charge funds for district purposes tied to water supply and irrigation works.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 12. Irrigation Standby or Immediate Availability Charge [13021 - 13024] ( Article 12 added by Stats. 1971, Ch. 174. ) ## 13024. Any funds derived from the standby charges levied pursuant to this article may be used by the district for all purposes which a district is authorized to expend funds insofar as such purposes relate to the acquisition of a water supply or the acquisition, construction, operation, control, or use of works for supplying land within the district with irrigation water. (Added by Stats. 1971, Ch. 174.)
  148. 130240.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The Orange County Transportation Authority is given powers over transit facilities and Route 91-related toll operations, but its toll revenue use, assignments, and Riverside County activities are restricted.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130240. (a) “Transit” means as defined in Section 40005. (b) (1) The Orange County Transportation Authority may acquire, construct, develop, lease, jointly develop, own, operate, maintain, control, use, jointly use, or dispose of rights-of-way, rail lines, monorails, guideways, buslines, stations, platforms, switches, yards, terminals, parking lots, air rights, land rights, development rights, entrances and exits, and any and all other facilities for, incidental to, necessary for, or convenient for transit service, including, but not limited to, facilities and structures physically or functionally related to transit service, within or partly without the county, underground, upon, or above the ground and under, upon or over public streets, highways, bridges, or other public ways or waterways, together with all physical structures necessary for, incidental to, or convenient for the access of persons and vehicles thereto, and may acquire, lease, sell, or otherwise contract with respect to any interest in or rights to the use or joint use of any or all of the foregoing. However, installations on state freeways are subject to the approval of the Department of Transportation and installations in other state highways are subject to Article 2 (commencing with Section 670) of Chapter 3 of Division 1 of the Streets and Highways Code. (2) With respect to the segment of State Highway Route 91 between State Highway Route 15 and State Highway Route 55 only, the Orange County Transportation Authority may exercise all of the powers contained in paragraph (1) that apply to streets, highways, bridges, and connector roads. (3) The exercise of the powers provided to the Orange County Transportation Authority in paragraph (2) is subject to approval by the Board of Supervisors of Riverside County and the Riverside County Transportation Commission and in consultation with the advisory committee described in Section 130245 as it relates to the use of those powers in Riverside County under the terms of the franchise agreement described in subdivision (c). (c) If the Orange County Transportation Authority requests, the department shall approve the assignment to the Orange County Transportation Authority of the Amended and Restated Development Franchise Agreement, as amended, between the department and the California Private Transportation Company, L.P. (CPTC) for the State Highway Route 91 median improvements as authorized by Section 143 of the Streets and Highways Code, subject to the requirement that subdivisions (a) to (f), inclusive, of Section 2 of Article 3 of the restated franchise agreement be deleted in their entirety in the event that CPTC and the authority agree to the assignment of all of CPTC’s interests in the franchise agreement to the authority. (d) The Orange County Transportation Authority shall have the authority to impose tolls for use of the State Highway Route 91 facilities as authorized by the franchise agreement. (e) (1) Toll revenues from the use of State Highway Route 91 facilities between State Highway Route 55 and the Orange and Riverside County line shall only be used by the Orange County Transportation Authority for the following expenditures relative to the State Highway Route 91 express lanes and for the purposes of paragraph (2): (A) Capital, operations, and maintenance, including, but not limited to, toll collection and enforcement. (B) Repair and rehabilitation. (C) Payment of purchase costs, debt service, and satisfaction of other covenants and obligations related to indebtedness. (D) Reserves. (E) Administration, which shall not exceed 3 percent of toll revenues and associated facility revenues. (2) Excess toll revenues beyond the expenditure needs of paragraph (1) may be expended for the following purposes: (A) To enhance transit service designed to reduce traffic congestion on State Highway Route 91 or to expand travel options along the State Highway Route 91 corridor. Revenues expended under this subparagraph may be used to maintain the enhanced transit service. Eligible expenditures include, but are not limited to, transit operating assistance, the acquisition of transit vehicles, improvements to commuter rail traveling between Riverside and Orange Counties, and those transit capital improvements otherwise eligible to be funded under the State Transportation Improvement Program pursuant to Section 164 of the Streets and Highways Code. (B) To make operational or capacity improvements designed to reduce congestion or improve the flow of traffic on State Highway Route 91. Eligible expenditures may include any phase of project delivery to make capital improvements to onramps, connector roads, roadways, bridges, or other structures that are related to the tolled and nontolled facilities on State Highway Route 91 between State Highway Route 57 to the west and the Orange and Riverside county line to the east. (3) The Orange County Transportation Authority, in consultation with the department and the Riverside County Transportation Commission, shall issue a plan and a proposed completion schedule for transportation improvements in the State Highway Route 91 corridor. The Orange County Transportation Authority shall update the plan on an annual basis. (f) The Orange County Transportation Authority may incur indebtedness and obligations, and may issue bonds, refund bonds, and assume existing bonds for purposes authorized by this section. Indebtedness and bonds issued under this section do not constitute a debt or liability of the state or any other public agency, other than the authority, or a pledge of the faith and credit of the state or any other public agency, other than the authority. Bonds issued under this section shall not be deemed to constitute a debt or liability of the state or any political subdivision thereof, other than the bank and the authority, or a pledge of the faith and credit of the state or of any political subdivision, but shall be payable solely from the revenues and assets pledged to the repayment of the bonds. All bonds issued under this section shall contain on the face of the bond a statement to the same effect. (g) Notwithstanding Section 143 of the Streets and Highways Code, the State Highway Route 91 facility constructed and operated under the authority of a franchise agreement approved pursuant to that section shall revert to the state at the expiration of the lease or termination of the franchise agreement at no cost to the state. Upon reversion, the facility shall be delivered to the department in a condition that meets the performance and maintenance standards established by the department. (h) The Orange County Transportation Authority shall not impose tolls for the use of nor construct and operate State Highway Route 91 facilities in the County of Riverside without prior approval by the Board of Supervisors of the County of Riverside, the Riverside County Transportation Commission, and the advisory committee. (i) The Orange County Transportation Authority shall not sell or assign its interest in the franchise agreement without approval by the Legislature by enactment of a statute provided that approval shall not be required in connection with granting rights and remedies to lenders under Article 16 of the restated franchise agreement. (j) If the Orange County Transportation Authority decides to sell or assign its interest in the franchise agreement, the Orange County Transportation Authority shall provide written notice at least 90 days in advance of the date they submit their request for approval by the department pursuant to this subdivision. The written notice shall be provided to the advisory committee created pursuant to Section 130245 and to the Riverside County Transportation Commission. (k) The Orange County Transportation Authority shall be authorized to eliminate its rights, interests, and obligations relative to State Highway Route 91 in Riverside County, either by partial assignment to the Riverside County Transportation Commission, or by amendment to the restated franchise agreement, as amended. In the event of a partial assignment or amendment, the department shall consent and the term of the restated franchise agreement, as amended by the partial assignment or amendment, shall be extended to a date determined by the authority, which date shall be no later than December 31, 2065. (l) If the Riverside County Transportation Commission constructs and operates toll facilities on State Highway Route 91 between the Orange County border and State Highway Route 15, then it is the intent of the Legislature that the Riverside County Transportation Commission and the Orange County Transportation Authority enter into an agreement providing for the coordination of the respective toll facilities operated by each entity on State Highway Route 91. (Amended by Stats. 2008, Ch. 714, Sec. 1. Effective January 1, 2009.)
  149. 130240.1.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The Orange County Transportation Authority may make agreements for joint use or joint development, and may contract with local public or private entities to perform authorized services.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130240.1. (a) The Orange County Transportation Authority may enter into agreements for the joint use or joint development of any property or rights by the authority and any city, public agency, or public utility operating transit facilities or nontransit facilities, or both, or any other person, firm, corporation, association, organization, or other entity, public or private, either, in whole or in part, within or outside the county, for the joint use or development of any property of the authority or of the city, public agency, public utility, person, firm, corporation, association, organization, or other entity, public or private, for the establishment of through routes, joint fares, station cost-sharing, connector fees, or land, air, or development rights, sales or leasing, transfer of passengers, pooling arrangements, or for any other purpose necessary for, incidental to, or convenient for the full exercise of the powers granted in this chapter. As to any service which the authority is authorized to perform pursuant to this chapter, the authority may contract for the performance of the service by any city, county, or public utility the territory of which is, in whole or in part, within the county. (b) “Joint development” includes, but is not limited to, agreements with any person, firm, corporation, association, organization, or other entity, public or private, to develop or to engage in the planning, financing, construction, or operation of authority facilities or development projects adjacent, or physically or functionally related, to authority facilities. (c) “Nontransit facilities,” as used in this section, includes any land, buildings, or equipment, or interest therein, which is used primarily for the production of transit revenue not arising from the operation of a transit system. (Added by Stats. 1991, Ch. 752, Sec. 10.)
  150. 130240.5.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The Orange County Transportation Authority may acquire rights-of-way from willing sellers for specified projects.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130240.5. Notwithstanding any other provision of law, the Orange County Transportation Authority may acquire rights-of-way from willing sellers for the following projects: (a) Addition of auxiliary westbound lane to State Route 91, from Interstate 5 to State Route 57, in Orange County. (b) State Route 57 northbound widening, from Katella Avenue to Lincoln Avenue, in Orange County. (Added by Stats. 2009, 2nd Ex. Sess., Ch. 6, Sec. 5. Effective May 21, 2009.)
  151. 130241.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    This section makes the Orange County Transit District Act’s provisions on powers and functions apply to the Orange County Transportation Authority, and gives the authority power to decide which provisions apply.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130241. All the provisions of the Orange County Transit District Act of 1965 (Part 4 (commencing with Section 40000) of Division 10), regarding the powers and functions of the Orange County Transit District shall be equally applicable to the Orange County Transportation Authority as if set forth herein, and shall be in addition to the powers and functions set forth in this division. The authority shall determine which provisions are applicable to the authority. (Added by Stats. 1991, Ch. 752, Sec. 11.)
  152. 130242.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The Authority may enter into and award contracts for transit-related projects, but must follow bidding, notice, bidder security, and subcontractor-listing rules.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130242. (a) In addition to the other powers it possesses, the Los Angeles County Metropolitan Transportation Authority may enter into contracts with private entities, the scope of which may combine within a single contract all or some of the planning, design, permitting, development, joint development, construction, construction management, acquisition, leasing, installation, and warranty of all or components of (1) transit systems, including, without limitation, passenger loading or intermodal station facilities, and (2) facilities on real property owned or to be owned by the authority. The authority may solicit or award contracts pursuant to this subdivision after a majority vote of the members of the authority. (b) A contract awarded pursuant to this section may include operation and maintenance elements, if the inclusion of those elements (1) is necessary, in the reasonable judgment of the authority, to assess vendor representations and warranties, performance guarantees, or life-cycle efficiencies, and (2) does not conflict with collective bargaining agreements to which the authority is a party. The authority may award contracts pursuant to this subdivision after a finding, by a two-thirds vote of the members of the authority, that awarding the contract will achieve for the authority a more competitive solicitation process with respect to quality, timeliness, price, and other private sector efficiencies, relevant to the integration of design, project work, and components. (c) Any construction, alteration, demolition, repairs, or other works of improvement performed under a contract awarded pursuant to this section shall be considered a public works project subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code, and shall be enforced by the Department of Industrial Relations in the same way it carries out this responsibility under the Labor Code. (d) A contract under this section shall be let to the lowest responsible bidder whose bid is responsive to the criteria set forth in the invitation for bids, or, at the authority’s discretion, to a contractor chosen by a competitive bidding process that employs objective selection criteria that may include, but are not limited to, the proposed design approach, features, functions, life-cycle costs, and other criteria deemed appropriate by the authority, in addition to price. Notice requesting bids or proposals shall be published at least once in a newspaper of general circulation. For contracts estimated to exceed ten million dollars ($10,000,000), publication shall be made at least 60 days before the receipt of the bids or price proposals. For contracts estimated not to exceed ten million dollars ($10,000,000), publication shall be made at least 30 days before the receipt of the bids or price proposals. The authority, at its discretion, may reject any and all bids and proposals, and may readvertise. All bids and price proposals submitted pursuant to this section shall be presented under sealed cover and shall be accompanied by one of the following forms of bidder security: (1) cash, (2) a cashier’s check made payable to the authority, (3) a certified check made payable to the authority, or (4) a bidder’s bond executed by an admitted surety insurer, made payable to the authority. Upon an award, the security of each unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the authority beyond 60 days from the time the award is made. (e) When the design of portions of the project permits the selection of subcontractors, the contractor shall competitively bid those portions. The contractor shall provide to the authority a list of subcontractors whose work is in excess of one-half of 1 percent of the total project cost as soon as the subcontractors are identified. Once listed, the subcontractors shall have the rights provided in the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code). (Amended by Stats. 2021, Ch. 414, Sec. 1. (AB 811) Effective January 1, 2022.)
  153. 130244.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    This section defines terms and gives the commission and department powers and duties for the State Highway Route 91 transportation project, including toll setting, bond financing, public review, and toll limits.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130244. (a) For the purposes of this section, the following terms shall have the following meanings: (1) “Authority” means the Orange County Transportation Authority. (2) “Bonds” means bonds, notes, or other evidences of indebtedness authorized to be issued pursuant to paragraph (4) of subdivision (c). (3) “Commission” means the Riverside County Transportation Commission. (4) “Department” means the Department of Transportation. (5) “Franchise agreement” means the franchise agreement assigned to the authority pursuant to subdivision (c) of Section 130240. (6) “Transportation facilities” means one or more of the following on State Highway Route 91 between the Orange and Riverside County line to the west and State Highway Route 15 to the east: (A) general purpose toll lanes; (B) lanes or facilities where the tolls may be levied and may vary according to levels of congestion anticipated or experienced or according to the occupancy of the vehicle; and (C) facilities or lanes utilizing combinations of or variations on (A) or (B), or other strategies the commission may determine appropriate on a facility-by-facility basis. (7) “Transportation project” means the planning, design, development, financing, construction, reconstruction, rehabilitation, improvement, acquisition, lease, operation, or maintenance, or any combination of these, with respect to tolled and nontolled facilities, structures, onramps, connector roads, bridges, and roadways that are on, necessary for, or related to the construction or operation of State Highway Route 91 between the Orange and Riverside County line to the west and State Highway Route 15 to the east. (b) Pursuant to subdivision (l) of Section 130240, the authority may amend, assign, or terminate the Riverside County portion of the franchise agreement in the interest of advancing the transportation project described in paragraph (7) of subdivision (a). The department, upon request of the authority, shall approve an amendment to the franchise agreement to eliminate any portion of State Highway Route 91 within Riverside County from the franchise agreement. (c) (1) The commission shall have the authority to set, levy, and collect tolls, user fees, or other similar charges payable for use of the transportation facilities, and any other incidental or related fees or charges, in amounts as required for the following expenditures relative to the transportation facilities as defined in paragraph (6) of subdivision (a) and for purposes of paragraph (2): (A) Capital outlay, including the costs of design, construction, right-of-way acquisition, and utility adjustment. (B) Operations and maintenance, including, but not limited to, toll collection and enforcement. (C) Repair and rehabilitation. (D) Indebtedness incurred, including related financing costs. (E) Reserves. (F) Administration, which shall not exceed 3 percent of toll revenues and associated facility revenues. (2) Excess toll revenues beyond the expenditure needs of paragraph (1) may be expended for the following purposes: (A) To enhance transit service designed to reduce traffic congestion on State Highway Route 91 or to expand travel options along the State Highway Route 91 corridor. Revenues expended under this subparagraph may be used to maintain the enhanced transit service. Eligible expenditures include, but are not limited to, transit operating assistance, the acquisition of transit vehicles, improvements to commuter rail traveling between Riverside and Orange Counties, and those transit capital improvements otherwise eligible to be funded under the State Transportation Improvement Program pursuant to Section 164 of the Streets and Highways Code. (B) To make operational or capacity improvements designed to reduce congestion or improve the flow of traffic on State Highway Route 91. Eligible expenditures may include any phase of project delivery to make capital improvements to onramps, connector roads, roadways, bridges, or other structures that are related to the tolled and nontolled facilities on State Highway Route 91 between the Orange and Riverside county line to the west and State Highway Route 15 to the east. (3) The commission, in consultation with the authority and the department, shall issue a plan of transportation improvements for the State Highway Route 91 corridor, which shall include projected costs, the use of toll revenues, and a proposed completion schedule. This plan shall be updated annually. The plan and each annual update shall be made available for public review and comment no less than 30 days prior to adoption by the commission. (4) The commission is authorized to issue bonds to finance the costs of the transportation project, including the costs of issuing the bonds and paying credit enhancement and other fees related to the bonds, which bonds are payable from the tolls authorized pursuant to paragraph (1), sales tax revenues, development impact fees, federal grant funds, or any other source of revenues available to the commission that may be used for these purposes. The bonds may be sold pursuant to the terms and conditions set forth in a resolution adopted by the governing board of the commission. Bonds shall be issued pursuant to a resolution adopted by a two-thirds vote of the commission. Any bond issued pursuant to this paragraph shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal or interest of this bond.” (5) The department is authorized to enter into any lease, easement, permit, or other agreement with the commission necessary to accomplish the purposes of this section. (6) The commission shall have the authority to impose tolls for use of the transportation facilities for 50 years following the opening of the transportation facilities for public use, after which time the commission shall have no further authority to impose or to collect a toll for use of transportation facilities on State Highway Route 91, unless reauthorized by the Legislature. The transportation facilities shall revert to the department after the bonds issued pursuant to this section are paid off in their entirety, unless tolls have been reauthorized by the Legislature. Upon reversion, the facilities shall be delivered to the department in a condition that meets the performance and maintenance standards established by the department. (7) The commission shall make available for public review and comment the toll schedule and any subsequent proposed changes to the schedule no less than 30 days prior to the adoption by the commission of a toll schedule. (d) This section shall be supplemental and in addition to any other authority of the commission to undertake the transportation project. (e) This section shall not prevent the department or any local agency from constructing facilities within the State Highway Route 91 corridor that compete with the transportation project, and in no event shall the commission be entitled to compensation for the adverse effects on toll revenues due to those facilities. (f) If any provision of this section or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this extent the provisions of this section are severable. (g) This section shall not apply to State Highway Route 91 between the Orange and Riverside County line and State Highway Route 15 unless the authority amends or partially assigns the restated franchise agreement, as amended, between the department and the authority to exclude that portion of State Highway Route 91 from the restated franchise agreement, as amended. (Added by Stats. 2008, Ch. 714, Sec. 2. Effective January 1, 2009.)
  154. 130245.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    An advisory committee must be created, and the Orange County Transportation Authority and Riverside County Transportation Commission must support meetings, audits, and cost sharing for the section.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130245. (a) An advisory committee shall be created to review issues and make recommendations to the Orange County Transportation Authority and the Riverside County Transportation Commission regarding the facilities authorized pursuant to Sections 130240 and 130244, including tolls imposed, operations, maintenance, interoperability, and use of toll revenues, and improvements in the State Highway Route 91 corridor, including the identification and siting of alternative highways. The committee shall consist of 10 voting members and three nonvoting members, as follows: (1) Five members of the Board of Directors of the Orange County Transportation Authority appointed by that board. (2) Five members of the Riverside County Transportation Commission appointed by that commission. (3) One member of the San Bernardino Associated Governments appointed by that body, and the district directors of Districts 8 and 12 of the Department of Transportation, all of whom shall be nonvoting members. (b) The advisory committee shall establish rules for the conduct of committee meetings, which rules shall be approved by both the Orange County Transportation Authority and the Riverside County Transportation Commission. The authority and the commission may appoint alternates to the committee. (c) When reviewing the initial toll structure proposed by the Orange County Transportation Authority and the Riverside County Transportation Commission or any changes to the toll structure, the advisory committee shall place an information item on a regularly scheduled agenda for public comment and consideration of the advisory committee. (d) The Orange County Transportation Authority shall conduct an audit on an annual basis of the toll revenues collected and expenditures made during its operation of the facilities authorized in Section 130240. The audit shall review revenues and expenditures related to those facilities for consistency with that section and shall be provided to the advisory committee. (e) The Riverside County Transportation Commission shall conduct an audit on an annual basis of the toll revenues collected and expenditures made during its operation of the facilities authorized in Section 130244. The audit shall review revenues and expenditures related to those facilities for consistency with that section and shall be provided to the advisory committee. (f) The Orange County Transportation Authority and the Riverside County Transportation Commission shall equally share all costs associated with this section. None of these costs shall be paid from state funds. (Added by Stats. 2008, Ch. 714, Sec. 3. Effective January 1, 2009.)
  155. 130246.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. )

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    The Riverside County Transportation Commission may contract with private vendors to enforce its parking regulations and remove vehicles parked in violation of those regulations.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 2. Contracts [130220 - 130246] ( Article 2 added by Stats. 1976, Ch. 1333. ) ## 130246. The Riverside County Transportation Commission may enter into contracts with private vendors for the performance of the following services: (a) Enforcement of parking regulations adopted by the commission. Parking enforcement shall be performed in the manner provided in Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. (b) Removal of vehicles parked in violation of a parking regulation adopted by the commission. Removal of vehicles shall be performed in the manner provided in Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code. (Added by Stats. 2016, Ch. 512, Sec. 1. (AB 1943) Effective January 1, 2017.)
  156. 130250.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

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    The commission must coordinate all public transportation services within the county and resolve jurisdictional disputes between public transit operators.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130250. The commission shall coordinate the operation of all public transportation services within the county so as to achieve efficient operation thereof and shall resolve all jurisdictional disputes between public transit operators. (Added by Stats. 1976, Ch. 1333.)
  157. 130251.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

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    If the commission has just begun operating and federal funding support has already been applied for, or is well advanced, the commission must give top priority to supporting that effort.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130251. It is the intent of the Legislature that, if, at the time the commission commences operation, an application to the federal government has been submitted, or substantial progress has been made in preparation of such an application, for funds to start the necessary work toward the construction of a transit guideway project, the commission shall give top priority to supporting such an effort so that the flow of federal funds shall not be impeded. (Added by Stats. 1976, Ch. 1333.)
  158. 130252.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

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    Certain transit and highway plans must be submitted to the commission for approval, but the commission cannot approve projects needed for state highway safety and maintenance.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130252. (a) All plans proposed for the design, construction, and implementation of public mass transit systems or projects, including exclusive public mass transit guideway systems or projects, and federal-aid and state highway projects, shall be submitted to the commission for approval. No such plan shall be approved unless it conforms to the appropriate adopted regional transportation plan pursuant to Chapter 2.5 (commencing with Section 65080) of Title 7 of the Government Code. (b) The commission shall have no approval authority over the projects, plans, and programs determined by the Department of Transportation to be necessary for the safety and maintenance of the state highway system. Such projects, plans, and programs shall be developed by the department and, to the extent feasible, be coordinated with the planning of the commission. Plans and programs involving significant rebuilding or rehabilitation of the state highway system, as determined by the department and the commission, shall be developed jointly by the department and the commission. (c) As used in this section, “plan” means a project description and not the detailed project plans, specifications, and estimates. (Amended by Stats. 1977, Ch. 1106, Sec. 31.)
  159. 130253.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

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    Plans for a transit system serving more than one county must be submitted to the multicounty designated transportation planning agency for approval.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130253. Any plan for a transit system proposed to serve more than one county shall also be submitted for approval by the multicounty designated transportation planning agency. Action regarding such approval shall be taken within 60 working days after such a plan is submitted by the commission to the multicounty designated transportation planning agency. (Added by Stats. 1976, Ch. 1333.)
  160. 130254.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

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    The commission must designate the operator of any approved transit guideway system, with specified county commissions assigned to designate named transit districts in Los Angeles and Orange Counties.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130254. The commission shall designate the operator of any approved transit guideway system. Except as specified in Section 130254.5, the Los Angeles County Transportation Commission shall designate the Southern California Rapid Transit District as the transit guideway operator in Los Angeles County. The Orange County Transportation Commission shall designate the Orange County Transit District as the transit guideway operator in Orange County. (Amended by Stats. 1977, Ch. 950.)
  161. 130254.5.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

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    The City of Los Angeles may build and run a point-to-point transportation system on Department of Airports property, but once operating it must be coordinated with local traffic and transit services. It may also apply for certain highway or transit funds only with prior county transportation commission approval, except for grants awarded before January 1, 1978.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130254.5. The City of Los Angeles may design, construct, and operate a point-to-point transportation system on or between property under the jurisdiction and control of its Department of Airports. Once constructed and in operation, any such transportation system shall be coordinated with motor vehicle traffic operation and transit services by the county transportation commission having jurisdiction in the county in which the transportation system is located. With the prior approval of the county transportation commission having such jurisdiction, the City of Los Angeles may submit applications for federal highway or transit funds or state highway or transit funds to construct or operate a point-to-point transportation system on or between property under the jurisdiction and control of its Department of Airports. This requirement shall not apply to any grant of such funds awarded prior to January 1, 1978. (Added by Stats. 1977, Ch. 950.)
  162. 130255.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    If a commuter or urban rail transit system would serve two or more counties, the county commissions must form a joint powers entity; that entity must designate the operator and, if state funds are used, submit the operating plan to the Legislature at least four months before service starts.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130255. (a) If a commuter or urban rail transit system is proposed to serve two or more counties, the commissions in those counties shall form a joint powers entity to conduct plan refinement studies, design, select the technology, determine the cost, locate the routes and access points, and supervise the construction, operation, and management of the system. (b) The joint powers entity shall designate the operator of the system. (c) If state funds are to be used for the operation of the system, at least four months prior to implementing service on the system, the joint powers entity shall submit its plan for the operation to the Legislature. (Amended by Stats. 1990, Ch. 1449, Sec. 1.)
  163. 130256.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The commission must require planning for guideway and rapid transit systems to be coordinated with the Department of Transportation and the multicounty designated transportation planning agency.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130256. The commission shall require all planning for guideway and rapid transit systems be coordinated with the Department of Transportation and the multicounty designated transportation planning agency. (Added by Stats. 1976, Ch. 1333.)
  164. 130257.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The commission may agree with the Department of Transportation for the department to provide certain services for approved mass transit guideway or rapid transit projects, and the department must perform the agreed services under applicable law and regulations.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130257. The commission may enter into an agreement with the Department of Transportation for the department to provide those services which are within the capabilities of the department to effectively perform in connection with the development and construction of any approved exclusive public mass transit guideway system or rapid transit system. The commission shall retain final authority to decide those matters for which it is responsible by law pertaining to the planning, design, construction, and operation of any exclusive public mass transit guideway system or rapid transit system. The department shall perform such services agreed upon in accordance with the law and regulations that are applicable to the commission and the department. (Added by Stats. 1976, Ch. 1333.)
  165. 130258.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    If the Los Angeles County Transportation Commission may build a transit guideway system, it must coordinate planning, design, and construction with the Southern California Rapid Transit District, which is the designated operator.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130258. If the Los Angeles County Transportation Commission is authorized to construct a transit guideway system, the commission shall closely coordinate the planning, design, and construction of the system with the Southern California Rapid Transit District, which shall serve as the designated operator of the system pursuant to Section 130254. (Amended by Stats. 1982, Ch. 465, Sec. 32.)
  166. 130259.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    Some county transportation commissions must, and others may, work with specified public and local entities to create local transportation zones and adopt guidelines for how those zones operate.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130259. (a) Not later than February 1, 1978, the commissions in Riverside County and San Bernardino County shall, and the commissions in Los Angeles County and Orange County may, in cooperation with the Department of Transportation, the multicounty designated transportation planning agency, public transit operators, the county, and the cities involved, establish local transportation zones and adopt guidelines for their establishment and operation. (b) It is particularly important that the county, cities, and other local public entities be involved in establishing local transportation zones. (c) In adopting the guidelines, the commission shall take into account, among other things, the geographical shape of proposed local transportation zones, economies of scale of transit systems, and established and projected subregional patterns of travel. (d) The guidelines shall provide for a method of governing each local transportation zone; shall provide for the establishment of multicounty local transportation zones; and shall authorize each board, under specified conditions, to provide transit services itself, through joint powers agreement or any other cooperative arrangement, or by contract with a public transit operator or a private common carrier. (Added by Stats. 1976, Ch. 1333.)
  167. 130260.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The Orange County Transportation Commission may establish local transportation zones only when it determines the Orange County Transit District cannot otherwise provide adequate, responsive, and cost-effective local transportation services in those areas.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130260. The Orange County Transportation Commission may establish local transportation zones only in those areas where the commission determines that the Orange County Transit District cannot otherwise provide adequate and responsive local transportation services in a cost-effective manner. (Added by Stats. 1976, Ch. 1333.)
  168. 130261.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The Los Angeles County Transportation Commission may establish local transportation zones, but only in areas where it makes the required eight-vote determination that existing transit providers cannot adequately and responsively serve the area in a cost-effective way.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130261. The Los Angeles County Transportation Commission may establish local transportation zones only in those areas where the commission determines by eight affirmative votes of the voting members, or designated alternates, that the Southern California Rapid Transit District or the included municipal operator cannot otherwise provide adequate and responsive local transportation services in a cost-effective manner. (Amended by Stats. 1979, Ch. 579.)
  169. 130262.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The commission must require coordination among transit operators and zones, and must ensure they do not compete unnecessarily or duplicate services.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130262. The commission shall require full cooperation and coordination between the regional operator, the municipal operators, and the local transportation zones in such matters as schedules, routes, and exchange of transfers. The commission shall ensure that regional operators, the municipal operators, and local transportation zones do not compete or unnecessarily duplicate services, but assist each other to provide the maximum level of transit service to the general public at the lowest possible cost. (Added by Stats. 1976, Ch. 1333.)
  170. 130263.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The Los Angeles County Transportation Commission may not reduce certain municipal operators’ service areas, service levels, or scope of operations unless it first consults the operators and gets approval from the municipalities where they operate.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 3. Transportation Systems [130250 - 130263] ( Article 3 added by Stats. 1976, Ch. 1333. ) ## 130263. The Los Angeles County Transportation Commission shall not reduce, by order or by reducing funding, the size of the service areas under the jurisdiction of presently existing included municipal operators (as defined in Section 99207), the level of services they provide, or the scope of their operations, without first consulting with the municipal operators and securing the approval of the municipalities within which they operate. (Added by Stats. 1976, Ch. 1333.)
  171. 130290.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 4. Smart Freeway Corridor Telecommunications Demonstration Projects [130290 - 130292] ( Article 4 added by Stats. 1991, Ch. 960, Sec. 1. )

    Verify source ↗

    This section defines “smart freeway corridor” and “project” for the article.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 4. Smart Freeway Corridor Telecommunications Demonstration Projects [130290 - 130292] ( Article 4 added by Stats. 1991, Ch. 960, Sec. 1. ) ## 130290. As used in this article: (a) “Smart freeway corridor” means a segment of a state highway route in an urban area selected for a smart freeway demonstration project. (b) “Project” means a demonstration project which applies telecommunications and computer systems to reduce congestion and improve the flow of traffic. (Added by Stats. 1991, Ch. 960, Sec. 1.)
  172. 130291.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 4. Smart Freeway Corridor Telecommunications Demonstration Projects [130290 - 130292] ( Article 4 added by Stats. 1991, Ch. 960, Sec. 1. )

    Verify source ↗

    A smart freeway demonstration project must include the listed traffic, signal, information, emergency response, tow service, and data coordination elements.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 4. Smart Freeway Corridor Telecommunications Demonstration Projects [130290 - 130292] ( Article 4 added by Stats. 1991, Ch. 960, Sec. 1. ) ## 130291. A smart freeway demonstration project shall be comprised of the following elements: (a) A linked traffic monitoring network of traffic monitoring devices placed in freeway lanes, surface street travel lanes, turn lanes, and on ramps within the freeway corridor to continuously monitor traffic speeds and volumes to identify congestion and traffic incidents. (b) An interactive signal control system to allow central control personnel or systems to override regular signal cycles in order to expedite traffic flow of congested freeways and surface street intersections and to facilitate the diversion of traffic around congested areas. (c) A traffic information management system providing commuter access to current traffic information through telephones, radio and television, home computers, terminals in office buildings, in-vehicle motorist information systems, computer-activated changeable message signs placed on freeways, at on ramps, at parking garages, and on major arterials within the freeway corridor. (d) An improved emergency response system to accelerate the dispatch of emergency vehicles, traffic control officers, and signal maintenance crews, thus reducing the time needed to clear an incident causing traffic congestion. (e) Tow service to reduce traffic congestion caused by delays in removing stalled or damaged vehicles from the freeway in accordance with plans developed by the Department of the California Highway Patrol in consultation with the Department of Transportation. (f) A joint-agency data base system to coordinate construction and maintenance which impact traffic flow in the freeway corridor. (Added by Stats. 1991, Ch. 960, Sec. 1.)
  173. 130292.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 4. Smart Freeway Corridor Telecommunications Demonstration Projects [130290 - 130292] ( Article 4 added by Stats. 1991, Ch. 960, Sec. 1. )

    Verify source ↗

    The county transportation commission must coordinate the project, consult specified agencies, share project results, and send a report to the Legislature within one year after the project ends. The Department of Transportation must reimburse the commission, and General Fund money cannot be used to operate the project after completion.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 4. Smart Freeway Corridor Telecommunications Demonstration Projects [130290 - 130292] ( Article 4 added by Stats. 1991, Ch. 960, Sec. 1. ) ## 130292. (a) The project shall be coordinated by the statutorily created county transportation commission in whose jurisdiction the project is located. The county transportation commission shall consult with local traffic and law enforcement agencies, the Department of Transportation, and the Department of the California Highway Patrol on all aspects of the project in order to provide necessary coordination of the project with existing plans and programs. (b) The county transportation commission shall make preliminary and final results of the demonstration project available to state and local public agencies for possible application throughout the state. (c) The county transportation commission shall prepare and transmit to the Legislature, no later than one year after the completion of the project, a report of its findings, conclusions, and recommendations. (d) The Department of Transportation shall reimburse the county transportation commission, from funds appropriated for projects pursuant to this article, for the costs incurred by the commission under this article. (e) No money from the General Fund shall be used for the operation of a smart freeway corridor telecommunications project established as a demonstration project pursuant to this article after the demonstration project is completed. (Amended by Stats. 2001, Ch. 745, Sec. 200. Effective October 12, 2001.)
  174. 130300.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The Legislature states that transportation programming and budgeting should be handled through cooperative intergovernmental planning to identify future capital and operating needs, and that local officials should have a forum to lead multimodal transportation planning.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. ) ## 130300. The Legislature finds and declares: (a) That the near-term programming and budgeting requirements of state and federal law is a cooperative intergovernmental planning process intended to determine the foreseeable capital and operational needs of a multimodal transportation system. (b) That there is an absence of an adequate forum in which local officials may exercise leadership in multimodal transportation planning and programming. (c) Therefore, it is in the public interest to define the roles of various public entities with respect to long-range system planning and short-range capital and service planning and programming processes. (Added by Stats. 1976, Ch. 1333.)
  175. 130301.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The multicounty designated transportation planning agency must do long-range transportation planning for the commission area, including preparing the regional transportation plan.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. ) ## 130301. The multicounty designated transportation planning agency which includes the area of the commission shall be responsible for long-range transportation system planning, including preparation of the regional transportation plan as defined in Chapter 2.5 (commencing with Section 65080) of Title 7 of the Government Code in such area. Such planning shall be directed to, among other things: (a) Identification of corridors of travel. (b) Definition of the transportation problems of each corridor. (c) Definition of the transportation goals for each corridor. (d) Definition of land use goals, with the concurrence of affected local jurisdictions, that should be supported by transportation investment decisions in each corridor. (e) Recommendation of priority corridors for major resource allocations. (f) Recommendation of the mix of alternative transportation modes appropriate for deployment in light of the transportation needs and goals for each corridor. (g) Recommendation of environmental, economic, energy, and social policies that should guide transportation investment decision within corridors. (h) Coordination of the plans and short-range transportation improvement programs developed by the commissions, including resolution of conflicts between such plans and programs. (i) Determination of regional priorities and an annual regional program for the use of federal-aid urban system funds, and funds to be expended pursuant to Section 1604 of Title 49 of the United States Code, based on the priorities of projects appearing in the short-range transportation improvement program adopted by each commission. (j) Review and comment concerning all near-term transportation improvement programs after the development of, but prior to, adoption of such programs by the commission. The review shall be conducted pursuant to Section 130059 and in such a manner so that it does not unnecessarily slow or impede the transportation planning and programming process. (k) Development of an annual unified work program for all transportation planning activities within the jurisdiction of the multicounty designated transportation planning agency in cooperation and coordination with the Department of Transportation and the commission and in conformance with federal laws and rules and regulations. Such cooperation and coordination shall specifically apply to the determination of appropriate planning methods for projecting and planning transportation use, and its effect on land use, within the jurisdiction of the agency. (Amended by Stats. 1992, Ch. 1172, Sec. 9. Effective September 30, 1992.)
  176. 130302.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The multicounty designated transportation planning agency must work cooperatively with the commissions when coordinating, reviewing, resolving conflicts, approving multicounty transportation plans, and developing plans and programs.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. ) ## 130302. The role of the multicounty designated transportation planning agency, in coordinating, reviewing, and resolving intercommission conflicts, approving multicounty transportation plans, in developing plans and programs, shall be a cooperative effort with the commissions and shall be executed so as not to unnecessarily impede or slow the transportation planning and programming process. (Added by Stats. 1976, Ch. 1333.)
  177. 130303.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The commission must handle short-range capital and service transportation planning in its jurisdiction.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. ) ## 130303. With respect to the area under its jurisdiction, the commission shall be responsible for short-range capital and service planning directed to: (a) Determination, on an annual basis, of the total amount of funds that could be available to the commission for transportation planning and development. (b) Development and approval of a short-range three- to five-year transportation improvement program with an annual updated element reflecting all transportation capital and service priorities within the jurisdiction of the commission to be developed with all appropriate coordination and cooperation between the commission and state and local transportation agencies and operators. All projects utilizing federal and state highway and transit funds, and all exclusive public mass transit guideway projects no matter how funded, shall be included in a transportation improvement program adopted by the commission. The program shall also be developed in coordination with the multicounty designated transportation planning agency and the Department of Transportation, shall be consistent with the adopted regional transportation plan, and shall be reviewed and commented on pursuant to subdivision (j) of Section 130301. (c) Coordination and approval of all public mass transit service within the jurisdiction of the commission and between the jurisdiction of other commissions or transit operators. (d) Determination or approval of the location and capacity of all capital development projects, including, but not limited to, exclusive public mass transit guideway systems, state highway projects, and federal-aid highway projects. (e) Selection and specific approval of appropriate mass transit hardware and technology to be funded by the transportation improvement program. (f) Determination and approval of the staging and scheduling of construction and other development relative to all transportation improvement projects to be funded by the transportation improvement program. (g) Administration of the countywide program for the expenditure of funds allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10. (Amended by Stats. 1994, Ch. 704, Sec. 20. Effective January 1, 1995.)
  178. 130303.1.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The commission must develop long-range expenditure plans for transportation programs in voter-approved transaction and use tax measures.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. ) ## 130303.1. In addition to its short-range transportation planning responsibilities, the commission shall also be responsible, pursuant to Section 180206, for developing long-range expenditure plans for transportation programs included in voter-approved transaction and use tax measures that are consistent with the regional transportation plan and the regional transportation improvement program developed pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7 of the Government Code and this article and Article 3 (commencing with Section 130250) and Article 10 (commencing with Section 130450). (Added by Stats. 1992, Ch. 1172, Sec. 11. Effective September 30, 1992.)
  179. 130304.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The county transportation commission must submit its short-range transportation improvement program to the multicounty designated transportation planning agency, which may revise it to resolve conflicts, and the California Transportation Commission resolves disagreements.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. ) ## 130304. (a) The county transportation commission shall submit the short-range transportation improvement program prepared pursuant to subdivision (b) of Section 130303 to the multicounty designated transportation planning agency. The program shall be the county transportation commission’s recommendation to the agency regarding that portion of the regional transportation improvement program with respect to short-range objectives applicable to the county under the jurisdiction of the county transportation commission. The recommended program shall be submitted to the agency in a timely fashion, and the agency shall review and adopt this portion of the regional transportation improvement program in a timely fashion, giving full explanation for any necessary revision of the county transportation commission’s recommended program. (b) The multicounty designated transportation planning agency may revise the submitted transportation improvement program in order to resolve conflicts between the recommended programs or with the adopted regional transportation plan. In case of a disagreement as to the resolution of such a conflict between the agency and the involved county transportation commissions, the California Transportation Commission shall resolve the conflict. (Amended by Stats. 1977, Ch. 1106.)
  180. 130305.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. )

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    The commission must take necessary steps to secure the maximum funding available, and public transit operators or other public agencies may apply only on terms set by the commission.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. ) ## 130305. The commission shall take all action necessary to obtain the maximum amount of funding available pursuant to Section 1602 of Title 49 of the United States Code. Public transit operators or other public agencies may only apply for such funds under such terms as prescribed by the commission. The commission may authorize the operator or the agency, as the case may be, to be responsible for the administration of its grant on the condition that the commission receives adequate and timely notice of all formal or other significant communications between the operator or agency and the federal government regarding the grant. (Added by Stats. 1976, Ch. 1333.)
  181. 130306.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. )

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    The commission must choose which projects and program will be funded under the listed funding sources.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 5. Transportation Planning and Programming [130300 - 130306] ( Article 5 added by Stats. 1976, Ch. 1333. ) ## 130306. The commission shall determine the projects on the federal-aid urban system to be funded. The commission shall determine the projects to be funded pursuant to Sections 1602 and 1604 of Title 49 of the United States Code. The commission shall also determine the program to be funded by funds allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10. (Added by Stats. 1976, Ch. 1333.)
  182. 130350.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. )

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    The Los Angeles County Transportation Commission may adopt a retail transactions and use tax ordinance for the incorporated and unincorporated areas of Los Angeles County if two-thirds of voting electors approve it at a special election called for that purpose.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. ) ## 130350. A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory of the County of Los Angeles may be adopted by the Los Angeles County Transportation Commission in accordance with Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, provided that two-thirds of the electors voting on the measure vote to authorize its enactment at a special election called for that purpose by the commission. (Amended by Stats. 2007, Ch. 343, Sec. 28.5. Effective January 1, 2008.)
  183. 130350.4.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. )

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    The MTA must try to keep the expenditure plan geographically balanced, try to finish the capital projects as soon as practicable, and notify the Legislature before changing the adopted expenditure plan.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. ) ## 130350.4. The Legislature finds and declares all of the following: (a) In authorizing the Los Angeles County Metropolitan Transportation Authority (MTA) to impose a transaction and use tax pursuant to Section 130350.5, the Legislature intends for the net revenues derived from the tax to be used to fund a transportation investment program that provides mobility, health, and safety benefits to the people residing in all regions of the County of Los Angeles. (b) For purposes of proposing to the voters of the County of Los Angeles the imposition of a 0.5 percent transaction and use tax at the election held on November 4, 2008, pursuant to subdivision (b) of Section 130350.5, the MTA adopted, on July 24, 2008, a local ordinance that includes as “Attachment A” a plan for the expenditure of the net revenues derived from the imposition of the tax. The adoption of Attachment A constitutes the adoption of an expenditure plan pursuant to subdivision (f) of Section 130350.5. (c) In addition to the projects and funding amounts identified in paragraph (3) of subdivision (b) of 130350.5, the adopted expenditure plan includes other high-priority projects and funding amounts for the region, including, but not limited to, the following projects: (1) Green Line Extension to the Los Angeles International Airport– two hundred million dollars ($200,000,000). (2) Interstate 710 North Gap Closure (tunnel) – seven hundred eighty million dollars ($780,000,000). (3) Gold Line Eastside Extension – one billion two hundred seventy-one million dollars ($1,271,000,000). (4) Interstate 605 Corridor “Hot Spot” Interchanges – five hundred ninety million dollars ($590,000,000). (d) The Legislature finds and declares that all regions of the county stand to benefit from the proposed expenditure plan; therefore, the MTA shall strive to maintain the fair and equitable geographic balance in the plan and shall strive to complete those capital projects as soon as practicable, consistent with the requirements of the proposing ordinance, state and federal law. (e) Because it is in the interest of the people of the County of Los Angeles and the people of the State of California to ensure that the net revenues derived from the tax imposed pursuant to this act are expended efficiently, and in a manner consistent with the adopted expenditure plan, the MTA shall notify the Legislature prior to the adoption of amendments to the adopted expenditure plan. (Added by Stats. 2008, Ch. 302, Sec. 1. Effective January 1, 2009.)
  184. 130350.5.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The MTA may impose a 0.5% transactions and use tax if the ordinance meets the stated voter-approval requirements.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. ) ## 130350.5. (a) In addition to any other tax that it is authorized by law to impose, the Los Angeles County Metropolitan Transportation Authority (MTA) may impose, in compliance with subdivision (b), a transactions and use tax at a rate of 0.5 percent that is applicable in the incorporated and unincorporated areas of the county. (b) For purposes of the taxing authority set forth in subdivision (a), all of the following apply: (1) The tax shall be proposed in a transactions and use tax ordinance, that conforms with Chapter 2 (commencing with Section 7261) to Chapter 4 (commencing with Section 7275), inclusive, of the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), and that is approved by a majority of the entire membership of the authority. (2) The tax may be imposed only if the proposing ordinance is approved by two-thirds of the voters, in the manner as otherwise required by law, voting on this measure, in an election held on November 4, 2008, or at a subsequent election and, if so approved, shall become operative as provided in Section 130352. (3) The proposing ordinance shall specify, in addition to the rate of tax and other matters as required by the Transactions and Use Tax Law, that the net revenues derived from the tax are to be administered by the MTA as provided in this section. Net revenues shall be defined as all revenues derived from the tax less any refunds, costs of administration by the State Board of Equalization, and costs of administration by the MTA. Such costs of administration by the MTA shall not exceed 1.5 percent of the revenues derived from the tax. The MTA shall, during the period in which the ordinance is operative, allocate 20 percent of all net revenues derived from the tax for bus operations to all eligible and included municipal transit operators in the County of Los Angeles and to the MTA, in accordance with Section 99285. However, the allocations to the MTA and eligible and included municipal operators shall be made solely from revenues derived from a tax imposed pursuant to this section, and not from local discretionary sources. Funds allocated by MTA to itself pursuant to this section shall be used for transit operations and shall not supplant funds from any other source allocated by MTA to itself for public transit operations. Funds allocated by MTA to the eligible and included municipal operators pursuant to this section shall be used for transit operations and shall not supplant any funds authorized by other provisions of law and allocated by MTA to the eligible and included municipal operators for public transit. In addition to this amount, the MTA shall allocate 5 percent of all net revenues derived from the tax, for rail operations. The MTA shall include the projects and programs described in subparagraphs (A) and (B) in the expenditure plan required under subdivision (f). The MTA shall include all projects and programs described in the expenditure plan required under subdivision (f) in its Long Range Transportation Plan (LRTP). The priorities for projects and programs described in subparagraphs (A) and (B) and in the expenditure plan required under subdivision (f) shall be those set forth in the expenditure plan. The funding amounts specified in subparagraphs (A) and (B) are minimum amounts that shall be allocated by the MTA from the net revenues derived from a tax imposed pursuant to this section. Nothing in this section prohibits the MTA from allocating additional net revenues derived from the tax to these projects and programs. (A) Capital Projects. (i) Exposition Boulevard Light Rail Transit Project from downtown Los Angeles to Santa Monica. The sum of nine hundred twenty-five million dollars ($925,000,000). (ii) Crenshaw Transit Corridor from Wilshire Boulevard to Los Angeles International Airport along Crenshaw Boulevard. The sum of two hundred thirty-five million five hundred thousand dollars ($235,500,000). (iii) San Fernando Valley North-South Rapidways. The sum of one hundred million five hundred thousand dollars ($100,500,000). (iv) Metro Gold Line (Pasadena to Claremont) Light Rail Transit Extension. The sum of seven hundred thirty-five million dollars ($735,000,000). (v) Metro Regional Connector. The sum of one hundred sixty million dollars ($160,000,000). (vi) Metro Westside Subway Extension. The sum of nine hundred million dollars ($900,000,000). (vii) State Highway Route 5 Carmenita Road Interchange Improvement. The sum of one hundred thirty-eight million dollars ($138,000,000). (viii) State Highway Route 5 Capacity Enhancement (State Highway Route 134 to State Highway Route 170, including access improvement for Empire Avenue). The sum of two hundred seventy-one million five hundred thousand dollars ($271,500,000). (ix) State Highway Route 5 Capacity Enhancement (State Highway Route 605 to the Orange County line, including improvements to the Valley View Interchange). The sum of two hundred sixty-four million eight hundred thousand dollars ($264,800,000). (x) State Highway Route 5/State Highway Route 14 Capacity Enhancement. The sum of ninety million eight hundred thousand dollars ($90,800,000). (xi) Capital Project Contingency Fund. The sum of one hundred seventy-three million dollars ($173,000,000). (B) Capital Programs. (i) Alameda Corridor East Grade Separations. The sum of two hundred million dollars ($200,000,000). (ii) MTA and Municipal Regional Clean Fuel Bus Capital (Facilities and Rolling Stock). The sum of one hundred fifty million dollars ($150,000,000). (iii) Countywide Soundwall Construction (MTA Regional List and Monterey Park/State Highway Route 60). The sum of two hundred fifty million dollars ($250,000,000). (iv) Local return for major street resurfacing, rehabilitation, and reconstruction. The sum of two hundred fifty million dollars ($250,000,000). (v) Metrolink Capital Improvements. The sum of seventy million dollars ($70,000,000). (vi) Eastside Light Rail Access. The sum of thirty million dollars ($30,000,000). (c) The MTA may incur bonded indebtedness payable from the proceeds of the tax provided by this section pursuant to the bond issuance provisions of Chapter 5 (commencing with Section 130500) and any successor act. The MTA shall include in the expenditure plan, required under subdivision (f), the amount of net revenue specified for all projects and programs in subparagraphs (A) and (B) of paragraph (3) of subdivision (b) as a condition of the use and expenditure of the proceeds of the tax. The MTA shall maintain the current amount of any funding for the projects and programs specified in this section that has been previously programmed or received from sources other than the proceeds of the tax, and may not reallocate money that has been previously programmed or received for those projects and programs to other projects or uses. (d) Notwithstanding Section 7251.1 of the Revenue and Taxation Code, the tax rate authorized by this section shall not be considered for purposes of the combined rate limit established by that section. (e) A jurisdiction or recipient is eligible to receive funds from the local return program, described in clause (iv) of subparagraph (B) of paragraph (3) of subdivision (b), only if it continues to contribute to that program an amount that is equal to its existing commitment of local funds or other available funds. The MTA may develop guidelines that, at a minimum, specify maintenance of effort requirements for the local return program, matching funds, and administrative requirements for the recipients of revenue derived from the tax. (f) Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specified projects and programs listed in paragraph (3) of subdivision (b), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and program. The MTA shall also identify in its expenditure plan the expected completion dates for each project described in subparagraph (A) of paragraph (3) of subdivision (b). To be eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to the MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare. (g) The MTA shall establish and administer a sales tax revenue fund. The net revenue derived from the tax, after payment of any debt services and related obligations, shall be credited to this fund. The moneys in the fund shall be available to the MTA to meet expenditure and cashflow needs of the projects and programs described in the expenditure plan required under subdivision (f). In the event that there are net revenues in excess of the amount necessary to provide the amount of net revenues specified in the expenditure plan for the projects and programs described therein, the MTA may expend the excess net revenues on projects and programs in the expenditure plan or the LRTP. In the event that projects and programs in the expenditure plan are completed without the expenditure of the amount of net revenues specified, the MTA shall expend the excess net revenues on projects and programs in the expenditure plan or the LRTP within the same subregion as the project or program that is completed. For the purposes of this section, “subregion” shall be defined in the LRTP. (h) If other funds become available and are allocated to provide all or a portion of the amount of net revenues specified in the expenditure plan for the projects or programs described therein, the MTA may expend the surplus net revenues on other projects and programs in the expenditure plan or the LRTP. (i) (1) Notwithstanding subdivision (h), if a capital project or capital program described in clauses (i) to (x), inclusive, of subparagraph (A) of paragraph (3) of subdivision (b) and clauses (i) and (vi) of subparagraph (B) of paragraph (3) of subdivision (b), has been fully funded from other sources on or before December 31, 2008, the funds designated to the project or program in clauses (i) to (x), inclusive, of subparagraph (A) of paragraph (3) of subdivision (b) and clauses (i) and (vi) of subparagraph (B) of paragraph (3) of subdivision (b) shall remain in the subregion in which the project or program is located and shall be allocated to other projects or programs in the subregion prior to the expiration of the tax. (2) A capital project or capital program funded with reallocated funds pursuant to paragraph (1) shall be included in the adopted 2008 Long Range Transportation Plan or the successor plan and shall be of regional significance as determined by the MTA. For purposes of this subdivision, “subregions” means the subregions as defined in the LRTP in effect as of January 1, 2008. (j) Notwithstanding Section 130354, revenues raised under this section may be used to facilitate the transportation of people and goods within Los Angeles County. The use of the revenues shall not be limited to public transit purposes. (k) No later than 365 days prior to the adoption of an amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision (f), including, but not limited to, the expenditure plan adopted by the MTA board as “Attachment A” in Ordinance #08-01 adopted by the board on July 24, 2008, and in addition to any other notice requirements in the proposing ordinance, the board shall notify the Members of the Legislature representing the County of Los Angeles of all of the following: (1) A description of the proposed amendments to the adopted expenditure plan that would do any of the following: (A) Affect the amount of net revenues derived from the tax imposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (B) Delay the schedule for the availability of funds proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (C) Delay the schedule for the estimated or expected completion date of a capital project or projects identified in the adopted expenditure plan. (2) The reason for the proposed amendment. (3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely availability of funding for the capital project or projects contained in the adopted expenditure plan. (l) The notification required pursuant to subdivision (k) shall be achieved by resolution adopted by the MTA board. (m) The MTA board shall provide prior written notice to the Members of the Legislature representing the County of Los Angeles of any proposed amendments to the adopted expenditure plan that would accelerate funding for a capital project or projects in the adopted expenditure plan. (Amended by Stats. 2015, Ch. 580, Sec. 1. (SB 767) Effective January 1, 2016.)
  185. 130350.7.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. )

    Verify source ↗

    The MTA may impose a Los Angeles County transactions and use tax, but the ordinance must include specified funding, reporting, and rate limits.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. ) ## 130350.7. (a) The Los Angeles County Metropolitan Transportation Authority (MTA), in addition to any other tax it is authorized to impose or has imposed, may impose a transactions and use tax, for a period to be determined by the MTA, that is applicable in the incorporated and unincorporated areas of Los Angeles County. The rate of tax authorized by this section, when combined with the rate of tax authorized by voter approval of Measure R pursuant to Section 130350.5 during any period when that tax is in effect, and upon the expiration of that tax, shall not exceed 1 percent. (b) The ordinance imposing the tax shall contain all of the following: (1) An expenditure plan that lists the transportation projects and programs to be funded from net revenues from the tax. The expenditure plan shall appear in the ordinance as an exhibit. The expenditure plan shall include all of the following: (A) The most recent cost estimates for each project and program identified in the expenditure plan. (B) The identification of the accelerated cost, if applicable, for each project and program in the expenditure plan. (C) The approximate schedule during which the MTA anticipates funds will be available for each project and program. (D) The expected completion dates for each project and program within a three-year range. (2) Provisions conforming to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), except as otherwise provided in subdivision (f). (3) A provision limiting the MTA’s costs of administering the ordinance and the net revenues from the tax to 1.5 percent of the total tax revenues. (4) A requirement that the net revenues from the tax, defined to mean the total tax revenues less any refunds, costs of administration by the State Board of Equalization, and the MTA’s administration costs, shall be used by the MTA to fund transportation projects and programs identified in the expenditure plan. (5) The rate of the tax. (c) The MTA shall do both of the following: (1) Develop a transparent process to determine the most recent costs estimates for each project and program identified in the expenditure plan. (2) At least 30 days before submitting the ordinance described in subdivision (b) to the voters, post the expenditure plan on its Internet Web site in a prominent manner. (d) The ordinance shall be adopted by the MTA board, which shall also adopt a resolution that submits the ordinance to the voters. (e) The ordinance shall become operative pursuant to Section 130352 if approved by two-thirds of the voters voting on the measure, pursuant to subdivision (d) of Section 2 of Article XIII C of the California Constitution. (f) (1) If the voters approve the ordinance authorized by this section, the expenditure plan included as an exhibit to the ordinance pursuant to paragraph (1) of subdivision (b) shall also be included in the revised and updated Long Range Transportation Plan within one year of the date the ordinance takes effect. The revised and updated Long Range Transportation Plan shall also include capital projects and capital programs that are adopted by each subregion that are submitted to the MTA for inclusion in the revised and updated Long Range Transportation Plan, if the cost and schedule details are provided by the subregions, in a manner consistent with the requirements of the plan. Inclusion of a capital project or a capital program in the Long Range Transportation Plan is not a commitment or guarantee that the project or program shall receive any future funding. (2) For purposes of this subdivision, “subregion” shall have the same meaning as defined in the Long Range Transportation Plan. (g) The MTA may incur bonded indebtedness payable from the net revenues of the tax pursuant to the bond issuance provisions of Chapter 5 (commencing with Section 130500) and any successor act. (h) The tax authorized by this section shall be imposed pursuant to the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), notwithstanding the combined rate limitation in Section 7251.1 of the Revenue and Taxation Code. (Amended by Stats. 2016, Ch. 86, Sec. 273. (SB 1171) Effective January 1, 2017.)
  186. 130351.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. )

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    The County of Los Angeles must conduct a special election called by the commission, and the commission must reimburse the county for the cost.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. ) ## 130351. The County of Los Angeles shall conduct the special election called by the commission pursuant to Section 130350, and the commission shall reimburse the county for its cost in conducting the special election. The special election shall be called and conducted in the same manner as provided by law for the conduct of special elections by a county. (Added by Stats. 1976, Ch. 1333.)
  187. 130352.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. )

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    A transactions and use tax ordinance becomes operative on the first day of the first calendar quarter that starts at least 180 days after adoption.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. ) ## 130352. Any transactions and use tax ordinance adopted shall be operative on the first day of the first calendar quarter commencing not less than 180 days after adoption of the ordinance. (Added by Stats. 1976, Ch. 1333.)
  188. 130353.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. )

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

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. ) ## 130353. Repeal of the transactions and use tax ordinance shall not be operative earlier than the first day of the first calendar quarter following the adoption of the ordinance of repeal. (Added by Stats. 1976, Ch. 1333.)
  189. 130354.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. )

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    The Los Angeles County Transportation Commission must use revenues from the transactions and use taxes for public transit purposes.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. ) ## 130354. The revenues received by the Los Angeles County Transportation Commission from the imposition of the transactions and use taxes shall be used for public transit purposes. (Added by Stats. 1976, Ch. 1333.)
  190. 130355.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. )

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    Challenges to the validity of the retail transactions and use tax ordinance, or related proceedings, must be started within 90 days after this section takes effect.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 6. Transactions and Use Taxes [130350 - 130355] ( Article 6 added by Stats. 1976, Ch. 1333. ) ## 130355. Any action or proceeding in which the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within 90 days after the date this section becomes effective; otherwise, those proceedings, including the adoption and approval of the ordinance, are valid, and in every respect legal and incontestable. (Added by Stats. 1991, Ch. 159, Sec. 5.)
  191. 130370.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 7. Transit Service Dispute Resolution [130370 - 130373] ( Article 7 added by Stats. 1979, Ch. 579. )

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    The Los Angeles County Transportation Commission must prepare, publish for review, and later adopt rules for resolving transit service disputes.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 7. Transit Service Dispute Resolution [130370 - 130373] ( Article 7 added by Stats. 1979, Ch. 579. ) ## 130370. (a) Not later than February 1, 1980, the Los Angeles County Transportation Commission, in cooperation with all the transit operators in the County of Los Angeles, shall prepare and submit, for public review and comments, proposed rules and regulations for the resolution of transit service disputes in the county pursuant to Section 130371. (b) The commission shall adopt such rules and regulations not later than April 1, 1980, by eight affirmative votes of the voting members, or designated alternates, only after a public hearing held at least 30 days prior to their adoption. (Added by Stats. 1979, Ch. 579.)
  192. 130371.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 7. Transit Service Dispute Resolution [130370 - 130373] ( Article 7 added by Stats. 1979, Ch. 579. )

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    The rules and regulations must cover how transit service disputes are identified, submitted, mediated, heard, and resolved.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 7. Transit Service Dispute Resolution [130370 - 130373] ( Article 7 added by Stats. 1979, Ch. 579. ) ## 130371. The rules and regulations shall include, but not be limited to, the following: (a) Criteria to determine the definition and validity of a transit service dispute. (b) Procedures for the submission of a transit service dispute to the Los Angeles County Transportation Commission. (c) Information, such as the matter in dispute, to be included in the notice to be sent to the parties in the transit service dispute. (d) Procedure for mediation prior to a hearing before a transit coordination and service committee. (e) Appointment, if mediation fails, of a transit coordination and service committee consisting of commission members and alternates to hold a public hearing on the transit service dispute in the locality of the dispute and to make recommendations regarding the dispute to the commission. (f) Actions the commission may take to resolve the transit service dispute. (Added by Stats. 1979, Ch. 579.)
  193. 130372.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 7. Transit Service Dispute Resolution [130370 - 130373] ( Article 7 added by Stats. 1979, Ch. 579. )

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    The Los Angeles County Transportation Commission has sole authority to resolve transit service disputes between transit operators in Los Angeles County, and its decision is final and binding.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 7. Transit Service Dispute Resolution [130370 - 130373] ( Article 7 added by Stats. 1979, Ch. 579. ) ## 130372. (a) The Los Angeles County Transportation Commission shall have sole authority to resolve any transit service dispute between transit operators in the County of Los Angeles, and its decision with respect to such a dispute shall be final and binding pursuant to the rules and regulations adopted by the commission pursuant to Section 130370. (b) In resolving a transit service dispute pursuant to rules and regulations adopted pursuant to Section 130370, the commission, on a case by case basis, may, by eight affirmative votes of the voting members, or designated alternates, take such action notwithstanding Sections 99280, 99281, and 130263. (Added by Stats. 1979, Ch. 579.)
  194. 130373.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 7. Transit Service Dispute Resolution [130370 - 130373] ( Article 7 added by Stats. 1979, Ch. 579. )

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    Before January 1, 1981, the Los Angeles County Transportation Commission may resolve only transit service disputes submitted by a transit operator in Los Angeles County.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 7. Transit Service Dispute Resolution [130370 - 130373] ( Article 7 added by Stats. 1979, Ch. 579. ) ## 130373. Prior to January 1, 1981, only a transit service dispute submitted by a transit operator in the County of Los Angeles may be resolved by the Los Angeles County Transportation Commission. (Added by Stats. 1979, Ch. 579.)
  195. 130380.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. )

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    The Los Angeles County Transportation Commission must, before October 1, 1980, prepare and submit a proposed transit coordination and service program, working with all county transit operators.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. ) ## 130380. Prior to October 1, 1980, the Los Angeles County Transportation Commission, in cooperation with all transit operators in the County of Los Angeles, shall prepare and submit to the Legislature, the county and the cities therein, and the Department of Transportation, for review and comment a proposed transit coordination and service program, including but not limited to, the following: (a) The definition of institutional relationships between all transit operators in the county and the relationship between the commission and the transit operators. (b) Full analyses and recommended changes regarding the current distribution of all transit services throughout the county, including levels and types of transit service. (c) Transit-service productivity guidelines and specific steps to be taken to bring existing transit service into conformity with the guidelines. (d) Financial standards to be met by all transit operators in the county, as well as guidelines for the utilization of all funds available for transit purposes. (e) Other transit coordination and service issues and actions deemed appropriate by the commission to promote the efficient and effective use of all available transportation resources in the county so as to maximize the quality and quantity of transit service available to the residents of the county. (Added by Stats. 1979, Ch. 579.)
  196. 130381.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. )

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    The Los Angeles County Transportation Commission must adopt a transit coordination and service program by eight affirmative votes, after holding a public hearing at least 30 days before adoption, and no later than January 10, 1981.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. ) ## 130381. The Los Angeles County Transportation Commission shall adopt by eight affirmative votes of the voting members, or designated alternates, a transit coordination and service program not later than January 10, 1981, after a public hearing held at least 30 days prior to its adoption. (Added by Stats. 1979, Ch. 579.)
  197. 130382.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. )

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    The Los Angeles County Transportation Commission must implement the transit coordination and service program recommendations after April 1, 1981, unless Section 130385 provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. ) ## 130382. (a) After April 1, 1981, the Los Angeles County Transportation Commission shall implement the recommendations of the transit coordination and service program, except as otherwise provided in Section 130385. (b) To the extent necessary to implement those recommendations, Sections 99280, 99281, and 130263 shall not be applicable. (Added by Stats. 1979, Ch. 579.)
  198. 130383.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. )

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    The Los Angeles County Transportation Commission must adopt an updated transit coordination and service program by January 10, 1983, and every two years after that. It may also amend the program whenever it thinks appropriate.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. ) ## 130383. The Los Angeles County Transportation Commission shall adopt an updated transit coordination and service program not later than January 10, 1983, and biennially thereafter, and may amend the program at such time as it deems appropriate, in order to meet changing conditions in providing and funding transit services in the County of Los Angeles. (Added by Stats. 1979, Ch. 579.)
  199. 130384.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. )

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    The Los Angeles County Transportation Commission must adopt the updated transit coordination and service program, and any amendment, by eight affirmative votes, and the proposed update or amendment must be available to the public and transit operators in Los Angeles County for at least 60 days before adoption.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. ) ## 130384. (a) The updated transit coordination and service program, and any amendment to the program, shall be adopted by the Los Angeles County Transportation Commission by eight affirmative votes of the voting members or designated alternates. (b) The proposed updated program or the proposed amendment, as the case may be, shall be available to the public and to all transit operators in the County of Los Angeles for not less than 60 days prior to its adoption. (Added by Stats. 1979, Ch. 579.)
  200. 130385.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. )

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    A Los Angeles County transit operator that disagrees with part of the transit coordination and service program may ask the Los Angeles County Transportation Commission to resolve the dispute.

    ## Public Utilities Code - PUC ## DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130828.1] ( Division 12 added by Stats. 1976, Ch. 1333. ) ## CHAPTER 4. Powers and Functions [130200 - 130455] ( Chapter 4 added by Stats. 1976, Ch. 1333. ) ## ARTICLE 8. Transit Coordination and Service Program [130380 - 130385] ( Article 8 added by Stats. 1979, Ch. 579. ) ## 130385. (a) Any transit operator in the County of Los Angeles which disagrees with any portion of the transit coordination and service program, or any amendment thereto, that impacts its transit services may request the Los Angeles County Transportation Commission to, and the commission shall, resolve the dispute pursuant to Article 7 (commencing with Section 130370). (b) In such a case, the portion of the program, or amendment thereto, shall not be implemented until the dispute has been resolved and, if necessary, the program or amendment has been revised according to the resolution of the dispute. (Added by Stats. 1979, Ch. 579.)

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