reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99400.5.

99400.5. Notwithstanding Section 99232, a county or a city in a county in which there is no countywide transit district may file a claim under this article with the transportation planning agency to finance the construction and maintenance of multimodal transportation terminals. The terminals may be located anywhere in the county or city, as the case may be.
(Amended by Stats. 1989, Ch. 630, Sec. 10.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99400.6.

99400.6. Notwithstanding Section 99232, the County of San Diego may file a claim under this article with the transportation planning agency to provide express bus service or vanpool service for the purpose of serving work commute trips and for providing accessibility between residential areas and major activity centers.
The express bus service may be located anywhere in the county, but shall be consistent with the plans of the San Diego Metropolitan Transit Development Board and the North San Diego County Transit Development Board, and may be provided by contract with operators, private entities operating under a franchise or license, or nonprofit corporations organized pursuant to Division 2 (commencing with Section 9000) of Title 1 of the Corporations Code.
The vanpool service shall be operated by the county with county-owned vans and any claims submitted pursuant to this section for such service shall be approved subject to all of the following conditions:
(a) The amount of the claim to be limited to the actual cost of acquiring the vans.
(b) The local transportation fund to be reimbursed for the amount of the claim within the passenger service life of the vans.
(Amended by Stats. 1984, Ch. 808, Sec. 1.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99400.7.

99400.7. Notwithstanding Sections 99232, 99268.3, and 99405, cities within the County of San Diego may file a claim under this article with the transportation planning agency to provide commuter ferry service on San Diego Bay for the purpose of serving peak period commute trips for pedestrians and bicycles. The commuter ferry service may be located anywhere on San Diego Bay, but shall be consistent with the regional transportation plan, shall serve employment centers and high volume activity centers, and may be provided by contract with operators, private entities operating under a franchise or license, or nonprofit corporations organized pursuant to Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code.
(Amended by Stats. 2000, Ch. 655, Sec. 1. Effective January 1, 2001.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99401.

99401. (a) The transportation planning agency shall adopt rules and regulations delineating procedures for the submission of claims under Section 99234 and subdivision (a) of Section 99400 and stating criteria by which they will be analyzed and evaluated. Such rules and regulations shall provide for orderly and periodic distributions of moneys.
(b) The criteria applicable to analyzing and evaluating claims for nonmotorized transportation facilities shall be the general design criteria for such facilities established pursuant to Section 156.4 of the Streets and Highways Code.
(c) To the extent necessary to perform its duties under this article, the transportation planning agency shall have full access to the books, records, and accounts of the claimant cities and counties.
(Amended by Stats. 1974, Ch. 786.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99401.6.

99401.6. Upon adoption of a finding, pursuant to subdivision (d) of Section 99401.5 that there are no unmet transit needs or that there are no unmet transit needs that are reasonable to meet, the transportation planning agency may allocate funds for local streets and roads. The allocation shall not become effective until 20 days after acknowledgment of receipt by the Department of Transportation of documents of the agency’s finding. The transportation planning agency shall, in any case, submit the documentation before August 15 of the fiscal year of the allocation or within 10 days after the adoption of the finding, whichever is later. The documentation shall include all of the following:
(a) A copy of the notice of hearing and proof of publication and a description of the actions taken to solicit citizen participation pursuant to Section 99238. 5.
(b) A copy of the resolution or minutes documenting the transportation planning agency’s definitions of “unmet transit needs” and “reasonable to meet,” as determined pursuant to subdivision (c) of Section 99401.5.
(c) A copy of the resolution adopting the unmet needs finding described in subdivision (d) of Section 99401.5.
(Added by Stats. 1987, Ch. 673, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99402.

99402. Claims for streets and roads may include those purposes necessary and convenient to the development, construction, and maintenance of the city or county’s streets and highways network, including planning and contributions to the transportation planning process, acquisition of real property, and construction of facilities and buildings.
(Amended by Stats. 1979, Ch. 161.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99403.

99403. In the County of Tuolumne, claims by the county or by a city within the county for streets and roads may also include contributions to the state for the construction and development of State Highway Route 108 from Lime Kiln Road to Phoenix Lake Road, if the county transportation commission determines that it is in the best interest of the county or the city and serves the public interest of the county or city to contribute local transportation funds for the construction and development of that portion of Route 108. The Legislature recognizes that under Section 73 of the Streets and Highways Code that portion of Route 108 is required to be relinquished to local control upon completion of the Sonora Bypass and bypass extension.
(Added by Stats. 1986, Ch. 272, Sec. 1. Effective July 11, 1986.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99405.

99405. (a) Except as otherwise provided in this section, the allocation for any purpose specified in Section 99400 may in no year exceed 50 percent of the amount required to meet the city’s or county’s total proposed expenditures for that purpose.
(b) With respect to budgeted capital requirements for major new facilities, the transportation planning agency, notwithstanding the 50-percent limitation, may allocate up to the amount so budgeted, if the construction of the facilities has been found to be not inconsistent with the transportation planning agency’s regional transportation plan.
(c) (1) The 50-percent limitation shall not apply to the allocation to a city, county, or transit district for services under contract pursuant to subdivision (c) or (d) of Section 99400. The city, county, or transit district that is not in compliance with Section 99268.20 shall be subject to Section 99268.3, 99268.4, 99268.5, or 99268.9, as the case may be, and shall be deemed an operator for purposes of those sections, or shall be subject to regional, countywide, or county subarea performance criteria, local match requirements, or fare recovery ratios adopted by resolution of the transportation planning agency or the county transportation commission for those services.
(2) In adopting the performance criteria, local match requirements, or fare recovery ratios, the transportation planning agency or the county transportation commission may adopt the criteria of Section 99268.3, 99268.4, 99268.5, or 99268.9, or any combination or all of them.
(3) If a transportation planning agency or county transportation commission has adopted performance criteria, local match requirements, or fare recovery ratios, the rules and regulations of the agency or commission shall apply, and Sections 99205.7 and 99241, subdivision (a) of Section 99247, and Section 99268.8 shall not apply.
(d) The 50-percent limitation shall not apply to funds allocated under this article to a city or county with a population of less than 5,000, and, notwithstanding Section 99400, the city or county may claim funds under this article for transportation services, including associated capital, planning, and administrative costs, without contracting with another entity.
(e) The 50-percent limitation shall not apply to funds allocated under this article for local street and road purposes.
(Amended by Stats. 2021, Ch. 81, Sec. 14. (AB 149) Effective July 16, 2021.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99406.

99406. Expenditures of moneys received for streets and highways purposes under this article shall be reported to the Controller by way of inclusion of information regarding those expenditures in the report prepared pursuant to Chapter 4 (commencing with Section 2150) of Division 3 of the Streets and Highways Code.
The Controller shall also prepare a summary of those expenditures, which shall include a list of the jurisdictions for which funds have been allocated for streets and roads under this article, the amount of the allocations, and the total funds made available to each jurisdiction pursuant to Article 3 (commencing with Section 99230). The Controller shall submit the report annually to the Legislature commencing January 1, 1989.
(Amended by Stats. 1987, Ch. 673, Sec. 5.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99407.

99407. Notwithstanding any other provision of this chapter, the transportation planning agency may approve claims filed by a city for the construction of facilities for the exclusive use of pedestrians and bicycles, if the city is not expected to be served by public transportation within three years of the filing of the claims.
(Amended by Stats. 1986, Ch. 988, Sec. 24.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 8 - Other Claims for Funds › Section 99408.

99408. Any action to review, set aside, void, or annul the decision of a transportation planning agency made pursuant to Section 99401.5 shall be filed within 30 days after the agency makes its decision, or after the secretary has reviewed the decision pursuant to Section 99242, whichever is later. However, the action need not be filed until September 15 if the action is with respect to a decision made prior to August 15 for the fiscal year which commenced on the July 1 immediately preceding such August 15.
(Amended by Stats. 1987, Ch. 673, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 4 - Transportation Development › ARTICLE 9 - Joint Development Authority › Section 99420.

99420. (a) Notwithstanding any other provision of law, a transit operator may enter into agreements with a public agency, public utility, or person or entity, to be performed within the district, or a transportation corridor or land that shall be acquired by the transit operator, for the joint use or joint development of any property or rights of the transit operator or of the public agency, public utility, or person or entity for the establishment of through routes, joint fares, transfer of passengers, pooling rights, sales or leasing, or for any other purpose necessary for, incidental to, or convenient for, the full exercise of the powers granted to transit operators.
(b) As used in this section, the following terms have the following meanings:
(1) “Joint development” or “jointly develop” means the joint planning, financing, construction, operation, or use of any land, building, facility, or equipment other than vehicles, or interest therein, either of the transit operator or adjacent to, physically related to, or functionally related to transit facilities of the transit operator. Joint development may be for public, commercial, residential, or mixed uses.
(2) “Transit operator” means an entity that qualifies as a claimant under Section 99203 and is eligible to receive allocations under this chapter, and includes a joint powers authority formed to operate a public transportation system.
(c) The purpose of any joint development project entered into in accordance with this section shall be to foster transit use, enhance the transit service, or foster the integration of land use and transportation.
(d) For purposes of this section, a transit operator is prohibited from engaging in agreements unrelated to the transportation purposes and mission of the transit operator.
(e) Any transit oriented joint development project undertaken pursuant to 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 in accordance with the Planning and Zoning Law (Chapter 1 (commencing with Section 65000) of Division 1 of Title 7 of the Government Code) relating to zoning.
(f) This section shall not supersede any existing authority of a transit operator for joint development.
(Added by Stats. 2002, Ch. 270, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 5 - Motor Vehicle Fuel Tax › Section 99500.

99500. (a) Except as specified in subdivision (b), in addition to taxes imposed pursuant to Part 2 (commencing with Section 7301), Part 3 (commencing with Section 8601), and Part 31 (commencing with Section 60001) of Division 2 of the Revenue and Taxation Code, a tax of one cent ($0.01) per gallon (or, in the case of compressed natural gas, per 100 cubic feet thereof as measured at standard pressure and temperature) may be imposed pursuant to Section 99502 by a taxing entity, as defined in Section 99501, in the area which is under its jurisdiction and which is included in a county that has approved a proposition pursuant to Section 4 of Article XIX of the California Constitution.
(b) No tax shall be imposed under this chapter on fuel used in propelling an aircraft or a vessel.
(Amended by Stats. 1995, Ch. 555, Sec. 3. Effective January 1, 1996.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 5 - Motor Vehicle Fuel Tax › Section 99501.

99501. For purposes of this chapter:
(a) “Taxing entity” means a county other than a county with a transit development board or a county under the jurisdiction of a county transportation commission created pursuant to Division 12 (commencing with Section 130000), a city and county, a county transportation commission, a transit development board, a transit district, or a city with a population in excess of 500,000 located within a transit district. The population of a city shall be as determined by the last preceding federal census or by a subsequent census validated by the Demographic Research Unit of the Department of Finance.
(b) “Transit vehicle” means a vehicle, including, but not limited to, one operated on rails or tracks, which is used for public transportation service and which carries more than 10 persons, including the driver.
(Amended by Stats. 2019, Ch. 29, Sec. 134. (SB 82) Effective June 27, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 5 - Motor Vehicle Fuel Tax › Section 99502.

99502. (a) The tax may be imposed by the adoption of an ordinance by a taxing entity if (1) it calls a special election for the submission of a proposition to grant it the authority to impose the tax pursuant to the ordinance and (2) two-thirds of the voters voting at the special election approves the proposition. The special election may be held only when consolidated with an otherwise scheduled state election or local election for an area that includes the area under the jurisdiction of the taxing entity. In the case of the City of Los Angeles, it may call the special election only after securing the approval of the Los Angeles County Metropolitan Transportation Authority.
(b) Where two or more taxing entities have jurisdiction over the same area and are authorized pursuant to subdivision (a) to impose the tax under this chapter, the tax shall be imposed only by the taxing entity with the largest area under its jurisdiction.
(Amended by Stats. 2014, Ch. 345, Sec. 5. (AB 2752) Effective January 1, 2015.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 5 - Motor Vehicle Fuel Tax › Section 99503.

99503. A special election for a transit development board or a transit district shall be conducted pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code).
(Amended by Stats. 1994, Ch. 923, Sec. 207. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 5 - Motor Vehicle Fuel Tax › Section 99504.

99504. (a) The taxing entity shall contract with the State Board of Equalization for the administration of the tax imposed pursuant to the adopted ordinance, and the state board shall be reimbursed for its cost in the administration of the tax.
(b) The taxing entity shall also reimburse the board for its cost of preparation to administer the tax.
(Added by Stats. 1977, Ch. 956.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 5 - Motor Vehicle Fuel Tax › Section 99505.

99505. The ordinance shall include provisions identical to those contained in Part 2 (commencing with Section 7301), Part 3 (commencing with Section 8601), and Part 31 (commencing with Section 60001) of Division 2 of the Revenue and Taxation Code, except that the name of the taxing entity as the taxing agency shall be substituted for that of the state.
(Amended by Stats. 1995, Ch. 555, Sec. 4. Effective January 1, 1996.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 5 - Motor Vehicle Fuel Tax › Section 99507.

99507. After deducting its cost in administering the tax, the State Board of Equalization shall transmit the net revenues to the taxing entity periodically as promptly as possible. The transmittals shall be made at least twice in each calendar quarter.
(Added by Stats. 1977, Ch. 956.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 5 - Motor Vehicle Fuel Tax › Section 99508.

99508. The net revenues received by a taxing entity shall be expended only for the following:
(a) The planning, construction, and maintenance of, and the acquisition of rights-of-way for, exclusive public mass transit guideways and exclusive bus lanes and related fixed facilities to such guideways and bus lanes.
(b) The purchase of transit vehicles.
(c) The payment of principal and interest on voter-approved bonds issued for the purposes specified in subdivision (a) or (b).
(Added by Stats. 1977, Ch. 956.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 5 - Motor Vehicle Fuel Tax › Section 99509.

99509. (a) Notwithstanding Section 99505, any person required to pay a license tax under Section 7351 of the Revenue and Taxation Code shall also collect the tax imposed under this chapter from any person to whom he sells or distributes motor vehicle fuel and shall pay such tax also for all such fuel that he uses.
Any person paying the tax who, in turn, sells or distributes such fuel to another, whether or not for use, shall include the tax as part of the selling price of the fuel. Any person thereafter who pays a price for the fuel, which includes an increment for the tax, and who subsequently resells the fuel shall include the increment so paid as part of the selling price of the fuel.
(b) Subdivision (a) of this section shall become operative only if a ruling of a federal agency becomes effective which precludes the tax imposed under this chapter on motor vehicle fuel from being included in the price charged by distributors to retailers or other persons, or precludes the increment of any price paid to the distributors that represents the tax imposed from being included in the price charged by retailers or other persons upon resale of the motor vehicle fuel, and, in such case, this subdivision shall become operative at the same time as such ruling becomes effective.
(Added by Stats. 1977, Ch. 956.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 5 - Motor Vehicle Fuel Tax › Section 99510.

99510. (a) Notwithstanding Section 99505, any person required to pay a tax under Sections 60051, 60052, and 60058 of the Revenue and Taxation Code shall also collect the tax imposed under this chapter from any person to whom he or she sells diesel fuel and shall also pay that tax for all diesel fuel that he or she uses.
(b) Any person paying the tax who, in turn, sells diesel fuel to another, whether or not for use, shall include the tax as part of the selling price of the fuel. Any person thereafter who pays a price for the diesel fuel, which includes an increment for the tax, and who subsequently resells the diesel fuel shall include the tax paid as part of the selling price of the fuel.
(Added by Stats. 1995, Ch. 555, Sec. 5. Effective January 1, 1996.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 6 - Actions and Proceedings to Contest Taxes › Section 99550.

99550. The decision of the California Supreme Court in Los Angeles County Transportation Agency v. Richmond (1982), 31 Cal. 3d 197, shall be applicable to and control, and the decision of the California Supreme Court in Rider v. County of San Diego (1991), 1 Cal. 4th 1, shall not be applicable to and shall not control, any action or proceeding wherein the validity of a retail transactions and use tax is contested, questioned, or denied if the ordinance imposing that tax was adopted by a transportation agency and approved prior to December 19, 1991, by a majority of the voters.
For purposes of this section, “transportation agency” means any agency, authority, district, commission, or other public entity organized under provisions of this code and authorized to impose a retail transactions and use tax.
(Added by Stats. 1992, Ch. 1233, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 1 - General Provisions › Section 99560.

99560. The Legislature hereby finds and declares that:
(a) The people of this state have a fundamental interest in the development of harmonious and cooperative labor relations between public transit districts and their employees.
(b) Public transit districts are not subject to a common statewide statutory scheme or an administrative agency that has jurisdiction over the conduct of employer-employee relations.
(c) Other public sector employees in the state have been granted the opportunity for collective bargaining through the adoption of the Meyers-Milias Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code), the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1 of the Government Code), the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code), and the Higher Education Employer-Employee Relations Act (Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code), and it would be advantageous and desirable to expand the jurisdiction of the Public Employment Relations Board to cover the employees of public transit districts.
(d) The people and the public transit district employers each have a fundamental interest in the preservation and promotion of the responsibilities granted by the people of this state. Harmonious relations between each public transit district employer and its employees are necessary to that endeavor.
(e) It is the purpose of this chapter to provide the means by which relations between the Los Angeles County Metropolitan Transportation Authority and their supervisory employees may assure that the responsibilities and authorities granted to each transit district by statute are carried out in an atmosphere that permits the fullest participation by employees in the determination of conditions of employment which affect them. It is the intent of this chapter to accomplish this purpose by providing a uniform basis for recognizing the right of the employees of these transit districts to full freedom of association, self-organization, and designation of representatives of their own choosing for the purpose of representation in their employment relationships with their employers and to select one employee organization as their exclusive representative for the purpose of meeting and conferring.
(f) It is the further purpose of this chapter to provide orderly and clearly defined procedures for meeting and conferring and the resolution of impasses, and to define and prohibit certain practices that are inimical to the public interest.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 1 - General Provisions › Section 99560.2.

99560.2. This chapter shall be known and may be referred to as the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 1 - General Provisions › Section 99560.3.

99560.3. This chapter shall only apply to supervisory employees of the Los Angeles County Metropolitan Transportation Authority.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 2 - Administration › Section 99561.1.

99561.1. Any person who shall willfully resist, prevent, impede, or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000).
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 2 - Administration › Section 99561.2.

99561.2. The initial determination as to whether the charges of unfair practices are justified, and, if so, what remedy is necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the board. Procedures for investigating, hearing, and deciding these cases shall be devised and promulgated by the board.
(a) Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except that the board shall not issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge.
(b) The board shall not have authority to enforce agreements between the parties, and shall not issue a complaint on any charge based on alleged violation of such an agreement that would not also constitute an unfair practice under this chapter.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 2 - Administration › Section 99561.3.

99561.3. The board shall have the power to issue a decision and order directing an offending party to cease and desist from the unfair practice and to take affirmative action, that includes, but is not limited to, the reinstatement of employees with or without backpay, that will effectuate the policies of this chapter.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 2 - Administration › Section 99561.4.

99561.4. Notwithstanding any other law, if a decision by an administrative law judge regarding the recognition or certification of an employee organization as described in subdivision (k) of Section 99561 is appealed, the decision shall be deemed the final order of the board if the board does not issue a ruling that supersedes the decision on or before 180 days after the appeal is filed.
(Added by Stats. 2011, Ch. 242, Sec. 7. (SB 609) Effective January 1, 2012.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 3 - Judicial Review › Section 99562.

99562. (a) No employer or employee organization shall have the right to judicial review of a unit determination except: (1) when the board in response to a petition from an employer or employee organization agrees that the case is one of special importance and joins in the request for such review; or (2) when the issue is raised as a defense to an unfair practice complaint. A board order directing an election shall not be stayed pending judicial review.
Upon receipt of a board order joining in the request for judicial review, a party to the case may petition for a writ of extraordinary relief from the unit determination decision or order.
(b) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case, except a decision of the board not to issue a complaint in the case, may petition for a writ of extraordinary relief from the decision or order.
(c) The petition shall be filed in the district court of appeal in the appellate district where the unit determination or unfair practice dispute occurred. The petition shall be filed within 30 days after issuance of the board’s final order, order denying reconsideration, or order joining in the request for judicial review, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the board and thereafter shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice unless the filing period is extended by the court for good cause shown. The court shall have jurisdiction to grant to the board any temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying, or setting aside the order of the board. The findings of the board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, are conclusive. The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this article, apply to proceedings pursuant to this section.
(d) If the time to petition for extraordinary relief from a board decision has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unit determination or unfair practice case occurred. If, after hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus. The court shall not review the merits of the order.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 99563.

99563. Transit district employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations and for the purpose of meeting and conferring and shall have the right to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Transit district employees shall also have the right to refuse to join employee organizations or to participate in the activities of these organizations subject to the organizational security provision permissible under this chapter.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 99563.1.

99563.1. Notwithstanding the provisions of the Government Code or other laws or statutes, the transit district employer shall make deductions from wages and salaries of its employees upon receipt of authorization for the payment of union dues, fees, or assessments, for the payment of contributions pursuant to any health and welfare plan or pension plan or any other purpose for which deductions may be authorized by employees where the deductions are pursuant to a collective bargaining agreement with a duly designated or certified labor organization.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 99563.2.

99563.2. Subject to reasonable regulations, employee organizations shall have the right of access at reasonable times to areas in which employees work, the right to use transit district bulletin boards, mailboxes and other means of communication, and the right to use transit district facilities at reasonable times for the purpose of meetings concerned with the exercise of the rights guaranteed by this chapter.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 99563.3.

99563.3. A reasonable number of representatives of an exclusive representative shall have the right to receive reasonable periods of released or reassigned time without loss of compensation when engaged in meeting and conferring and for the processing of grievances prior to the adoption of the initial memorandum of understanding. When a memorandum of understanding is in effect, released or reassigned time shall be in accordance with the memorandum.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 99563.4.

99563.4. Transit district employers, or the representatives as they may designate, shall engage in meeting and conferring with the employee organization selected as exclusive representative of an appropriate unit on all matters within the scope of representation.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 99563.5.

99563.5. (a) The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment.
(b) Notwithstanding subdivision (a), the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 99563.6.

99563.6. The duty to meet and confer in good faith requires the parties to begin negotiations prior to the adoption of the final budget for the ensuing year sufficiently in advance of the adoption date so there is adequate time for agreement to be reached, or for the resolution of impasse.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 99563.7.

99563.7. It shall be unlawful for the transit district employer to do any of the following:
(a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter. For purposes of this subdivision, “employee” includes an applicant for employment or reemployment.
(b) Deny to employee organizations rights guaranteed to them by this chapter.
(c) Refuse or fail to meet and confer with an exclusive representative.
(d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another. However, subject to rules and regulations adopted by the board pursuant to Section 99561, an employer shall not be prohibited from permitting employees to engage in meeting and conferring or consulting during working hours without loss of pay or benefits.
(e) Refuse to participate in good faith in the impasse procedure set forth in Article 9 (commencing with Section 99568).
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 4 - Rights, Obligations, Prohibitions, and Unfair Labor Practices › Section 99563.8.

99563.8. It shall be unlawful for an employee organization to:
(a) Cause or attempt to cause the transit district employer to violate Section 99563.7.
(b) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter.
(c) Refuse or fail to meet and confer with the transit district employer.
(d) Refuse to participate in good faith in the impasse procedure set forth in Article 9 (commencing with Section 99568).
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification, and Decertification › Section 99564.

99564. An employee organization may become the exclusive representative for the employees of an appropriate unit for purposes of meeting and conferring by filing a request with a transit district employer alleging that a majority of the employees in an appropriate unit wish to be represented by the organization and asking the employer to recognize it as the exclusive representative. The request shall describe the grouping of jobs or positions that constitute the unit claimed to be appropriate and shall certify that proof of majority support has been submitted to either the board or to a mutually agreed upon third party. Notice of any such request shall immediately be posted conspicuously on all employee bulletin boards in each facility of the employer in which members of the unit claimed to be appropriate are employed.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification, and Decertification › Section 99564.1.

99564.1. The transit district employer shall grant a request for recognition filed pursuant to Section 99564 except in one of the following circumstances:
(a) The employer reasonably doubts that the employee organization has majority support or reasonably doubts the appropriateness of the requested unit. In that case the employer shall notify the board which shall conduct a representation election pursuant to Section 99564.4 unless subdivision (c) or (d) applies.
(b) Another employee organization either files with the employer a challenge to the appropriateness of the unit or submits a competing claim of representation within 15 workdays of the posting of notice of the written request. If the claim is evidenced by the support that at least 30 percent of the members of the proposed unit, a question of representation shall be deemed to exist and the board shall conduct a representation election pursuant to Section 99564.4, or if the claim is evidenced by the support of at least 10 percent of the members of the proposed unit, the board shall conduct inquiries and investigations or hold hearings that it deems necessary in order to decide the questions raised by the claim and may conduct a representation election pursuant to Section 99564.4. Evidence of that support shall be submitted to either the board or to a mutually agreed upon third party.
(c) There is currently in effect a lawful written memorandum of understanding between the employer and another employee organization recognized or certified as the exclusive representative of any employees included in the unit described in the request for recognition, unless the request for recognition is filed not more than 120 days and not less than 90 days prior to the expiration date of such memorandum of understanding. However, if a memorandum of understanding has been in effect for three years or more, there shall be no restriction as to the time of filing the request.
(d) Within the previous 12 months either another employee organization has been lawfully recognized or certified as the exclusive representative of any employees included in the unit described in the request for recognition, or a majority of the votes cast in a representation election held pursuant to Section 99564.4 were cast for “no representation.”
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 11 - PROVISIONS APPLICABLE TO ALL PUBLIC TRANSIT › CHAPTER 7 - Transit Employer-Employee Relations › ARTICLE 5 - Employee Organizations: Representation, Recognition, Certification, and Decertification › Section 99564.2.

99564.2. A petition may be filed with the board, in accordance with its rules and regulations, requesting it to investigate and decide the question of whether employees have selected or wish to select an exclusive representative or to determine the appropriateness of a unit, by one of the following:
(a) An employee organization alleging that it has filed a request for recognition as an exclusive representative with an employer and that the request has been denied or has not been acted upon within 30 days after the filing of the request.
(b) An employee organization alleging that it has filed a competing claim of representation pursuant to subdivision (b) of Section 99564.1.
(c) An employee organization wishing to be certified by the board as the exclusive representative. The petition for certification as the exclusive representative in an appropriate unit shall include proof of a 30-percent showing of interest designating the organization as the exclusive representative of the employees.
(Added by Stats. 2003, Ch. 833, Sec. 1. Effective January 1, 2004.)