reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 3.5 - Existing Systems › Section 100055.

100055. Notwithstanding any other provision of this act, before the VTA may establish any transit service or system that may at any time divert, lessen, or compete for the patronage or revenues of any existing system, the VTA shall give a written notice to the public utility that is operating the existing system. The written notice shall describe the transit service or system which the VTA proposes to establish and shall state the time that the VTA proposes to establish that service or system.
(Amended by Stats. 2016, Ch. 381, Sec. 15. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 3.5 - Existing Systems › Section 100055.1.

100055.1. The VTA shall not establish the proposed service or system, or maintain and operate the service or system until it has completed the purchase of the existing system or any part thereof.
(Amended by Stats. 2016, Ch. 381, Sec. 16. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 3.5 - Existing Systems › Section 100055.2.

100055.2. Subject to Section 100351, the purchase price to be paid for the existing system, or any portion thereof to be purchased, shall be the reproduction cost new, including going concern value, at the date upon which the VTA commences negotiations for the purchase of the existing system, or the portion of the existing system, less depreciation, including wear, tear, and obsolescence, if any.
(Amended by Stats. 2016, Ch. 381, Sec. 17. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 3.5 - Existing Systems › Section 100055.3.

100055.3. The VTA and public utility operating the existing system may agree upon the purchase price or they may agree that the purchase price is to be established by arbitration and upon the method of naming arbitrators and the method of conducting such arbitration.
(Amended by Stats. 2016, Ch. 381, Sec. 18. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 3.5 - Existing Systems › Section 100055.4.

100055.4. Section 851 does not apply to any contract for sale or sale of an existing system, or any portion thereof, pursuant to this chapter, and the Public Utilities Commission has no jurisdiction with respect thereto.
(Amended by Stats. 1983, Ch. 142, Sec. 139.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 1 - Board of Directors › Section 100060.

100060. (a) The government of the VTA shall be vested in a board of directors which shall consist of 12 members, as follows:
(1) Two representatives of the county and one alternate who shall be members of the board of supervisors of the county, appointed by the board of supervisors.
(2) Five representatives of the City of San Jose and one alternate who shall be city council members or the mayor of the City of San Jose, appointed by the city council.
(3) Five city council members or mayors selected from among the city councils and mayors of all of the cities in the county, other than the City of San Jose, as provided by agreements among those cities. The agreements may provide for the appointment of alternates, who shall be city council members or mayors, for those city representatives.
(b) An alternate may vote in the place of a director represented by that alternate if the director is absent.
(c) To the extent possible, the appointing powers shall appoint individuals who have expertise, experience, or knowledge relative to transportation issues.
(Amended by Stats. 2016, Ch. 381, Sec. 21. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 1 - Board of Directors › Section 100060.2.

100060.2. Except as otherwise provided, the term of office for each director shall be two years and until the appointment and qualification of his or her successor. A successor shall be appointed not later than 30 days immediately upon the expiration of a director’s term. A vacancy exists whenever a director ceases to hold office on the city council or board of supervisors from which he or she was appointed. Any vacancy shall, within 60 days of its occurrence, be filled for the balance of the term by the body that made the original appointment.
(Amended by Stats. 2016, Ch. 381, Sec. 22. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 1 - Board of Directors › Section 100061.

100061. The board of directors shall annually elect a chairperson who shall preside at all meetings. The board of directors shall also annually elect a vice chairperson, who, in the event of the chairperson’s absence or inability to act, shall act as chairperson, and, while so acting, shall have all of the power and obligations of the chairperson.
(Amended by Stats. 2016, Ch. 381, Sec. 23. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 1 - Board of Directors › Section 100062.

100062. The board shall establish rules for its proceedings. A majority of the members of the board shall constitute a quorum for the transaction of business and no act of the board shall be valid unless at least seven concur therein. The acts of the board shall be expressed by motion, resolution, or ordinance. All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code.
(Amended by Stats. 1994, Ch. 254, Sec. 6. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 1 - Board of Directors › Section 100062.1.

100062.1. (a) No ordinance, except an urgency ordinance, shall be passed by the board on the day of its introduction, nor within three days thereafter, nor at any time other than at a regular or adjourned regular meeting. The enacting clause of all ordinances shall be as follows:
“The Board of Directors of the Santa Clara Valley Transportation Authority ordains as follows:”
(b) All ordinances shall be signed by the chairperson of the board or the vice chairperson and attested by the secretary. Before the expiration of 15 days after the passage of an ordinance, it shall be published once in a newspaper of general circulation within the boundaries of the VTA as provided by law for ordinances adopted by counties. An order entered in the minutes of the board that the ordinance has been duly published is prima facie proof of publication.
(c) Urgency ordinances shall be adopted in the same manner as provided by law for the adoption of urgency ordinances by counties.
(Amended by Stats. 2016, Ch. 381, Sec. 24. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 1 - Board of Directors › Section 100063.

100063. The board may fix the amount of compensation to be paid each member of the board for services and for each meeting attended by the member. The compensation shall not exceed one hundred dollars ($100) for each meeting of the board attended by the member or for each day’s service rendered as a member by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incident thereto.
(Amended by Stats. 1994, Ch. 254, Sec. 8. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 2 - Powers and Duties of Board of Directors › Section 100070.

100070. The board of directors is the legislative body of the VTA and shall determine all questions of VTA policy.
(Amended by Stats. 2016, Ch. 381, Sec. 26. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 2 - Powers and Duties of Board of Directors › Section 100071.

100071. It shall be the duty of the board of directors and it shall have the power to:
(a) Determine the transit facilities to be acquired and constructed by the VTA, the manner of operation, and the means to finance them.
(b) Adopt an annual budget for the VTA that provides for the compensation of its officers and employees.
(c) Fix rates, rentals, charges, and classifications of transit service operated by the VTA.
(d) Adopt an administrative code that prescribes the powers and duties of VTA officers, the method of appointment of VTA employees, and the methods, procedures, and systems for the operation and management of the VTA.
(e) Adopt rules and regulations governing the use of transit facilities owned or operated by the VTA.
(f) Cause a postaudit of the financial transactions and records of the VTA to be made at least annually by a certified public accountant or public accountant.
(g) Adopt reasonable rules and regulations providing for the administration of employer-employee relations.
(h) Do any and all things necessary to carry out the purposes of this part.
(Amended by Stats. 2016, Ch. 381, Sec. 27. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 3 - Advisory Commission › Section 100080.

100080. The board of directors shall establish at least one advisory committee.
(Amended by Stats. 1994, Ch. 254, Sec. 11. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 3 - Advisory Commission › Section 100082.

100082. The advisory committees shall provide advice to the board of directors on matters of VTA policy and shall have additional duties as provided by the board of directors.
(Amended by Stats. 2016, Ch. 381, Sec. 28. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 4 - Officers › Section 100090.

100090. The officers of the VTA shall consist of the members of the board of directors, the chairperson and vice chairperson of the board, a secretary, a general manager, a general counsel, and any other officers that the board deems necessary and provides for by ordinance or resolution. The general manager and general counsel shall be appointed and may be removed by the affirmative votes of a majority of the board.
(Amended by Stats. 2016, Ch. 381, Sec. 29. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 4 - Officers › Section 100091.

100091. The secretary and those assistants that the board designates may administer all oaths or affirmations required by law, including the oath of office.
(Added by Stats. 1997, Ch. 373, Sec. 7. Effective January 1, 1998.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 4 - Government of VTA › ARTICLE 5 - General Manager › Section 100100.

100100. The power and duties of the general manager are all of the following:
(a) To head the administrative branch of the VTA and to be responsible to the board of directors for the proper administration of all affairs of the VTA.
(b) To appoint, supervise, suspend, or remove VTA officers other than the members of the board and officers appointed by the board.
(c) To supervise and direct the preparation of the annual budget for the board and be responsible for its administration after its adoption.
(d) To formulate and present to the board plans for transit and other transportation facilities within the boundaries of the VTA and the means to finance them.
(e) To supervise the planning, acquisition, construction, maintenance, and operation of the transit facilities of the VTA and other transportation facilities within the boundaries of the VTA, as needed.
(f) To attend all meetings of the board.
(g) To prepare and submit to the board as soon as practicable after the end of each fiscal year a complete report of the finances and administrative activities of the VTA for the preceding year.
(h) To perform other and additional duties as the board may require.
(Amended by Stats. 2016, Ch. 381, Sec. 31. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 1 - Corporate Power › Section 100110.

100110. The VTA has perpetual succession and may adopt a seal and alter it at its pleasure.
(Amended by Stats. 2016, Ch. 381, Sec. 33. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 1 - Corporate Power › Section 100111.

100111. The VTA may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(Amended by Stats. 2016, Ch. 381, Sec. 34. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 1 - Corporate Power › Section 100112.

100112. All claims for money or damages against the VTA are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.
(Amended by Stats. 2016, Ch. 381, Sec. 35. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 1 - Corporate Power › Section 100113.

100113. (a) The VTA shall not levy any tax pursuant to Section 100250 unless approved by the electors voting on the measure in accordance with Article XIII C of the California Constitution at a special election called for that purpose by the board of directors.
(b) Whenever a bond election is held to authorize incurring bonded indebtedness pursuant to Section 100400, the ordinance calling the election shall include a statement of the tax or taxes to be levied or continued to be levied and used, to the extent those taxes are required to pay principal of and interest on the bonds as the same become due, to provide any sinking fund payments required therefor, or to create or maintain any reserve fund required therefor. A vote in favor of the issuance of the bonds shall authorize the board to levy and collect such taxes. The ordinance levying the taxes shall not be repealed until all bonds payable from the revenues derived from the taxes have been fully paid or provision has been made for their payment in full.
(Amended by Stats. 2016, Ch. 381, Sec. 36. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 1 - Corporate Power › Section 100114.

100114. Except as otherwise provided in this part, VTA elections shall be called, held, and conducted as provided by the Uniform District Election Law.
(Amended by Stats. 2016, Ch. 381, Sec. 37. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 1 - Corporate Power › Section 100115.

100115. The VTA may exercise any and all powers granted by any other law that, by its terms, is applicable to transit districts generally, to public agencies generally, or to any classification of districts or public agencies that includes an entity of the type provided for in this part, but the VTA shall not exercise any power contrary to an express provision of this part.
(Amended by Stats. 2016, Ch. 381, Sec. 38. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 1 - Corporate Power › Section 100115.5.

100115.5. (a) The VTA may administer and implement any adopted countywide transportation expenditure plan funded in an amount greater than 50 percent from revenues derived from a retail transaction and use tax, if so designated in the plan or if the VTA and the entity that imposes the tax have entered into an agreement that so provides. The VTA may exercise those powers necessary to carry out this purpose.
(b) The VTA may do any and all things necessary to ensure the completion of any projects established in a plan as set forth in subdivision (a). These projects may include, but are not limited to, all of the following:
(1) The construction and improvement of state highways.
(2) The construction, maintenance, and improvement of local roads, streets, and county highways.
(3) The construction, improvement, and operation of public transit systems, including paratransit services.
(4) The construction and improvement of bicycle and other transportation facilities.
(c) The VTA shall consult with and coordinate any actions for administering and implementing a plan as set forth in subdivision (a) with the cities in the county, the board of supervisors, and the Department of Transportation.
(d) Nothing in this section shall vary the terms of the cooperative agreement dated July 1, 1999, between the VTA and the County of Santa Clara for the construction of transportation projects utilizing local transaction and use tax revenues derived from Santa Clara County general tax Measure B approved by the voters in November 1996. If any of the provisions of this section conflict with the provisions of that cooperative agreement, the provisions of the cooperative agreement shall take precedence.
(Amended by Stats. 2016, Ch. 381, Sec. 39. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 2 - Contracts › Section 100120.

100120. The VTA may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, without limiting the generality of the foregoing, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this part.
(Amended by Stats. 2016, Ch. 381, Sec. 40. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 2 - Contracts › Section 100121.

100121. The VTA may contract with any department or agency of the United States of America, with any public agency or with any person upon terms and conditions as the board finds is for the best interest of the VTA.
(Amended by Stats. 2016, Ch. 381, Sec. 41. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 2 - Contracts › Section 100124.

100124. The VTA may insure against any accident or destruction of the system or any part thereof. The VTA may insure against loss of revenues from any cause whatsoever. It may provide, in the proceedings authorizing the issuance of any bonds, for the carrying of insurance in an amount and of a character as may be specified and for the payment of premiums thereon. The VTA may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code.
(Amended by Stats. 2016, Ch. 381, Sec. 42. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 2 - Contracts › Section 100125.

100125. The VTA may contract for the services of independent contractors.
(Amended by Stats. 2016, Ch. 381, Sec. 43. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 2 - Contracts › Section 100126.

100126. The Santa Clara County Transit District, which was established with the approval of the voters in 1972, shall continue as an entity under the control of its governing board as reorganized pursuant to the amendments to this part by statutes that were enacted in 1994. Nothing in the act that added this section during the second year of the 1993–94 Regular Session shall be construed to alter, impair, or terminate existing contracts between the district and other parties, including, but not limited to, funding agreements, grants, labor agreements, agreements entered into pursuant to Section 13(c) of the Federal Transit Act and its antecedents, bonds, notes, equipment trust certificates, or other obligations of the district. All rights and powers of the district shall continue in full force and effect and no affirmation, adoption, or assumption by the board of directors is required for that continuation. The VTA shall become the successor to certain county contracts as provided by agreement between the county and the VTA.
(Amended by Stats. 2016, Ch. 381, Sec. 44. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 3 - Property › Section 100130.

100130. The VTA may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind within or without the boundaries of the VTA necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without the boundaries of the VTA necessary to the full or convenient exercise of its powers.
(Amended by Stats. 2016, Ch. 381, Sec. 45. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 3 - Property › Section 100130.5.

100130.5. (a) The VTA may take by gift, or take or convey by grant, purchase, devise, or lease, and hold and enjoy, real and personal property of every kind within or without the boundaries of the VTA necessary for, incidental to, or convenient for, transit-oriented joint development projects that meet the definition and requirement set forth in subdivision (b).
(b) (1) For purposes of this section, a transit-oriented joint development project is a commercial, residential, or mixed-use development that is undertaken in connection with existing, planned, or proposed transit facilities and is located
1
/
4
mile or less from the external boundaries of that facility.
(2) Any transit-oriented joint development project created under this section shall comply with the land use and zoning regulations of the city, county, or city and county in which the project is located.
(c) Notwithstanding Sections 53090 and 53091 of the Government Code or any other provision of law, the authority granted under this section is subject to the land use and zoning regulations of the city, county, or city and county jurisdiction in which the transit-oriented joint development is located, in accordance with the Planning and Zoning Law (Title 7 (commencing with Section 65000) of the Government Code), relating to zoning.
(Amended by Stats. 2016, Ch. 381, Sec. 46. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 3 - Property › Section 100131.

100131. (a) The VTA may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The VTA, in exercising this power, shall in addition to the damages for the taking, injury, or destruction of property, also pay the cost, exclusive of betterment and with credit for salvage value, of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility that are required to be moved to a new location.
(b) No taking or acquisition by the VTA that would involve the abandonment, removal, relocation, or use of the property of a railroad corporation, as defined in Section 230, shall be permitted, unless the Public Utilities Commission, after a hearing, shall find and determine that the public interest and necessity require the abandonment, removal, relocation, or use of that property and that the taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service.
(Amended by Stats. 2016, Ch. 381, Sec. 47. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 3 - Property › Section 100132.

100132. The Public Utilities Commission of the state shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property of a public utility in eminent domain proceedings brought by the VTA. The VTA may commence and maintain the eminent domain proceedings in the Public Utilities Commission or the superior court at its option.
(Amended by Stats. 2016, Ch. 381, Sec. 48. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 3 - Property › Section 100133.

100133. The VTA is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to any public agency to construct or maintain roads, highways, or other crossings over any public or private lands.
(Amended by Stats. 2016, Ch. 381, Sec. 49. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 4 - Construction Manager/General Contractor Project Delivery Contracts › Section 100150.

100150. For purposes of this article, the following terms shall have the following meanings:
(a) “Construction Manager/General Contractor method” or “CMGC” means the Construction Manager/General Contractor method as defined in subdivision (b) of Section 6951 of the Public Contract Code.
(b) “Construction manager” means a construction manager as defined in subdivision (c) of Section 6951 of the Public Contract Code.
(Added by Stats. 2013, Ch. 320, Sec. 1. (AB 797) Effective January 1, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 4 - Construction Manager/General Contractor Project Delivery Contracts › Section 100151.

100151. (a) Subject to the limitations of this article, the authority may utilize the CMGC project delivery method for public transit projects within its jurisdiction.
(b) The authority may enter into a CMGC project delivery method contract pursuant to this article if, after evaluation of the traditional design-bid-build process of construction and of the CMGC project delivery method in a public meeting, the authority makes a written finding that use of the CMGC project delivery method on the specific project under consideration will accomplish one or more of the following objectives: reduce project costs, expedite the project’s completion, or provide features not achievable through the design-bid-build method. This finding shall be made prior to the authority entering into a CMGC project delivery method contract. In the CMGC project delivery method proposal, the written findings shall be included as part of an application for state funds for a transit project.
(Added by Stats. 2013, Ch. 320, Sec. 1. (AB 797) Effective January 1, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 4 - Construction Manager/General Contractor Project Delivery Contracts › Section 100152.

100152. Any public works project that is contracted for pursuant to this article shall be subject to the requirements of Section 1771.4 of the Labor Code.
(Repealed and added by Stats. 2014, Ch. 28, Sec. 85. (SB 854) Effective June 20, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 4 - Construction Manager/General Contractor Project Delivery Contracts › Section 100153.

100153. (a) If a contract for CMGC services is entered into pursuant to this article and includes preconstruction services by the construction manager, the VTA shall enter into a written contract with the construction manager for preconstruction services, under which the VTA shall pay the construction manager a fee for preconstruction services in an amount agreed upon by the VTA and the construction manager. The preconstruction services contract may include fees for services to be performed during the contract period. The VTA shall not request or obtain a fixed price or a guaranteed maximum price for the construction contract from the construction manager or enter into a construction contract with the construction manager until after the VTA has entered into a services contract. A preconstruction services contract shall provide for the subsequent negotiation for construction of all or any discrete phase or phases of the project and shall provide for the VTA to own the design plans and other preconstruction services work product.
(b) A contract for construction services shall be awarded after the plans have been sufficiently developed and either a fixed price or a guaranteed maximum price has been successfully negotiated. In the event that a fixed price or a guaranteed maximum price is not negotiated, the VTA may award the contract for construction services utilizing any other procurement method authorized by law.
(c) The construction manager shall perform not less than 30 percent of the work covered by the fixed price or guaranteed maximum price agreement reached. Work that is not performed directly by the construction manager shall be bid to subcontractors pursuant to Section 6955 of the Public Contract Code.
(Amended by Stats. 2016, Ch. 381, Sec. 50. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 4 - Construction Manager/General Contractor Project Delivery Contracts › Section 100154.

100154. Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.
(Added by Stats. 2013, Ch. 320, Sec. 1. (AB 797) Effective January 1, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 4 - Construction Manager/General Contractor Project Delivery Contracts › Section 100155.

100155. (a) Upon completion of a project using the CMGC project delivery method, the VTA shall prepare a progress report to the board of directors. The progress report shall include, but shall not be limited to, all of the following information:
(1) A description of the project.
(2) The entity that was awarded the project.
(3) The estimated and actual costs of the project.
(4) The estimated and actual schedule for project completion.
(5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the project, including, but not limited to, the resolution of the protests.
(6) An assessment of the prequalification process and criteria utilized under this article.
(7) A description of the method used to evaluate the bid or proposal, including the weighting of each factor and an assessment of the impact of this requirement on a project.
(8) A description of any challenges or unexpected problems that arose during the construction of the project and a description of the solutions that were considered and ultimately implemented to address those challenges and problems.
(9) Recommendations to improve the CMCG project delivery method authorized under this article.
(b) The progress report shall be made available on the VTA’s Internet Web site.
(Amended by Stats. 2016, Ch. 381, Sec. 51. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 4 - Construction Manager/General Contractor Project Delivery Contracts › Section 100156.

100156. (a) The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(b) Contracts awarded pursuant to this article shall be valid until the project is completed.
(Added by Stats. 2013, Ch. 320, Sec. 1. (AB 797) Effective January 1, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 4.5 - Job Order Contracting › Section 100157.

100157. For purposes of this article, the following definitions apply:
(a) “Job order contract” means an indefinite-quantity contract for repair, remodeling, or other repetitive work to be done according to unit prices.
(b) “Typical work” means a work description applicable universally or applicable to a large number of individual projects, as distinguished from work specifically described with respect to an individual project.
(c) “Unit price” means the amount paid for a single unit of an item of work.
(Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, pursuant to Sec.100157.9.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 4.5 - Job Order Contracting › Section 100157.5.

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

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

100157.9. This article shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 4.5 commencing with Sec. 100157.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 5 - Transit Facilities and Service › Section 100160.

100160. The VTA may provide transit service for the transportation of passengers and their incidental baggage by any means.
(Amended by Stats. 2016, Ch. 381, Sec. 52. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 5 - Transit Facilities and Service › Section 100160.1.

100160.1. The VTA may provide facilities, including streets and highways, for the movement of vehicles, bicycles, and pedestrians. All installations in state highways shall be developed and implemented with the concurrence and under the oversight of the Department of Transportation. The installation shall conform to requirements and regulations established by the Department of Transportation.
(Amended by Stats. 2016, Ch. 381, Sec. 53. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 5 - Transit Facilities and Service › Section 100160.2.

100160.2. The VTA may enter into agreements with any city within the boundaries of the VTA or with the County of Santa Clara to improve a street, road, highway, or expressway under the jurisdiction of the city or county. This section does not apply to highways under the jurisdiction of the state, unless specifically permitted elsewhere in statute.
(Amended by Stats. 2016, Ch. 381, Sec. 54. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 5 - Transit Facilities and Service › Section 100160.5.

100160.5. The VTA may operate charter bus service subject to the following limitations:
(a) No bus equipment that is designed solely for charter service shall be purchased. A bus equipped with a toilet or underfloor baggage compartment shall be deemed charter equipment.
(b) The board shall hold a public hearing prior to adopting a charter rate schedule or any amendment thereof. Notice of the hearing shall be mailed to each charter-party carrier operating within the district at least 30 days prior to the hearing. The notice shall include the proposed charter rate schedule. At the close of the public hearing the board may adopt charter rate schedules that shall not be less than the average for the three largest private charter-party carriers operating similar service within the boundaries of the VTA.
(c) Charter service shall originate and terminate within the area served by the VTA unless a private charter-party carrier requests the VTA to provide service beyond the area served by the VTA.
(Amended by Stats. 2016, Ch. 381, Sec. 55. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 5 - Transit Facilities and Service › Section 100161.

100161. (a) The VTA may acquire, construct, own, operate, control, or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals, and any and all facilities necessary or convenient for transit service within or partly without the boundaries of the VTA, underground, upon, or above the ground and under, upon, or over public streets or other public ways or waterways, together with all physical structures, including parking lots and day care centers and related child care facilities, that are necessary or convenient for the access of persons or vehicles thereto. The VTA may acquire any interest in or rights to use or the joint use of any or all of those facilities.
(b) The VTA may acquire, construct, and provide for repair and maintenance of any and all facilities necessary or convenient for vehicular and pedestrian transportation, within or partly without the boundaries of the VTA, underground, upon, or above the ground, together with all physical structures, including parking lots and soundwalls, that are necessary or convenient therefor. In this connection, the VTA may exercise any power with respect to highways granted to counties under Article 1 (commencing with Section 760) of Chapter 4 of Division 1 of the Streets and Highways Code in connection with any project included in the countywide transportation plan and an adopted regional transportation plan, but shall not usurp or impinge upon the powers and responsibilities granted to the county with regard to county highways. Highway and other transportation expenditures shall be consistent with adopted regional transportation plans and programs.
(c) VTA installations in freeways shall be subject to the approval of the Department of Transportation. Installations in other state highways shall be subject to Article 2 (commencing with Section 670) of Chapter 3 of Division 1 of the Streets and Highways Code. Installations in county highways and city streets shall be subject to similar encroachment permits.
(d) The VTA shall not use any state transportation funds, including, but not limited to, moneys in the State Highway Account, or the Transportation Planning and Development Account, in the State Transportation Fund, and passenger rail and clean air bond act money to acquire, construct, or operate day care centers and related child care facilities.
(Amended by Stats. 2016, Ch. 381, Sec. 56. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 5 - Transit Facilities and Service › Section 100162.

100162. The VTA may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by an operator upon terms and conditions as it deems in the public interest. The word “operator” as used in this section means any public agency or any person.
(Amended by Stats. 2016, Ch. 381, Sec. 57. (AB 2196) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 12 - SANTA CLARA VALLEY TRANSPORTATION AUTHORITY › CHAPTER 5 - Powers and Functions of VTA › ARTICLE 5 - Transit Facilities and Service › Section 100163.

100163. The board may contract with any public agency or person to provide transit or transportation facilities and services for the VTA.
(Amended by Stats. 2016, Ch. 381, Sec. 58. (AB 2196) Effective January 1, 2017.)