reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 6 - Transportation Funding › Section 120354.

120354. (a) No other public entity within the area of the board’s jurisdiction may file an application for funds for public transportation under Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code.
(b) The board shall consolidate all available local, state, and federal transit financial resources for public mass transit operators and systems within its jurisdiction and, in coordination with the various operators, shall adopt a policy for annually prioritizing the use of those funds for all of the following:
(1) Services provided pursuant to the Americans with Disabilities Act of 1990 (Public Law 101-336).
(2) Local match requirements for federal and state transit capital grants.
(3) The local and regional service base.
(4) Any additional planning and operation of transit services and development and implementation of capital programs approved by the board.
(Added by Stats. 2001, Ch. 297, Sec. 2. Effective January 1, 2002.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 6 - Transportation Funding › Section 120355.

120355. The board may take all action necessary to obtain funding available pursuant to Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the United States Code.
(Amended by Stats. 2005, Ch. 557, Sec. 25. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 6 - Transportation Funding › Section 120356.

120356. The board may establish and maintain reserve funds for its planning, procurement, construction, and acquisition programs with moneys received from private and public contributions, donations and assessments, licenses, leases, sales, and rental income, and any other revenues of the board, except revenues received pursuant to Sections 99260, 99275, 99312, 99313, and 99319.
(Added by Stats. 1986, Ch. 864, Sec. 3.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 7 - Public Contributions, Grants, Loans, and Contracts Cooperation › Section 120400.

120400. The board may accept contributions, grants, or loans from any public agency or the United States or any department, instrumentality, or agency thereof, for the purpose of financing the planning, acquisition, construction, or operation of public transportation services, and may enter into contracts and cooperate with, and accept cooperation from, any public agency or the United States, or agency thereof, in the planning, acquisition, construction, or operation of any of those public transportation services in accordance with any legislation that Congress or the Legislature of the State of California may have heretofore adopted or may hereafter adopt, under which aid, assistance, and cooperation may be furnished by the United States or any public agency in the planning, acquisition, construction, or operation of any of those public transportation services. The board may do any and all things necessary in order to avail itself of this aid, assistance, and cooperation under any federal or state legislation now or hereafter enacted.
(Amended by Stats. 2005, Ch. 557, Sec. 26. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 8 - Penalties › Section 120450.

120450. Violation of any ordinance, rule, or regulation enacted by the board relating to the nonpayment of a fare on any transit vehicle or in any transit station owned, controlled, or used by the board shall be an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the second conviction under this section, shall be a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
(Amended by Stats. 2000, Ch. 1035, Sec. 2.4. Effective January 1, 2001.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 8 - Penalties › Section 120450.5.

120450.5. No person shall give, either orally or in writing, information to a public officer or employee engaged in the enforcement of the provisions of this article when that person knows that the information is false. A violation of this section is an infraction punishable by a fine not to exceed fifty dollars ($50), except that such a violation by a person, after the second conviction of a violation of this section, shall be a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or by imprisonment in the county jail not to exceed six months, or by both that fine and imprisonment.
This section is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal.
(Added by Stats. 1983, Ch. 294, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 8 - Penalties › Section 120451.

120451. Violation of any ordinance, rule, or regulation enacted by the board prohibiting unauthorized operation or manipulation of transit facilities owned, controlled, or used by the board, or prohibiting unauthorized tampering or interference with, or loitering in or about, transit facilities owned, controlled, or used by the board, including, but not limited to, transit centers, rail stations, bus shelters, and bus stops on public and private property, is an infraction punishable by a fine not exceeding fifty dollars ($50), except that such a violation by a person, after the first conviction under this section, is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding six months, or by both that fine and imprisonment.
(Amended by Stats. 2000, Ch. 1035, Sec. 2.6. Effective January 1, 2001.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 8 - Penalties › Section 120452.

120452. Violation of any ordinance, rule, or regulation enacted by the board prohibiting the unauthorized entering into, climbing upon, holding onto, or in any manner attaching oneself to vehicles operated upon exclusive public mass transit guideways owned or controlled by the board, is an infraction punishable by a fine not exceeding fifty dollars ($50), except that a violation by a person, after the first conviction under this section, is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(Amended by Stats. 2005, Ch. 557, Sec. 27. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Investments › Section 120470.

120470. Subject to any agreement or covenant between the board and the holders of any of its obligations limiting or restricting classes of investments, the board may invest any surplus money in its treasury, including money in any sinking fund, reserve fund, or other fund created or established for the benefit of holders of any outstanding obligations of the board, in any of the following:
(a) Its own bonds.
(b) Treasury notes, certificates of indebtedness, bills, bonds of the United States, or any other evidence of indebtedness secured by the full faith and credit of the United States.
(c) Obligations issued pursuant to the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.) or the National Housing Act (12 U.S.C. Sec. 1701 et seq.).
(d) Treasury notes or bonds of this state, or of any public corporation, municipal corporation, public district, or political subdivision within this state which are legal security for the deposit of public funds.
(e) Any investment in which county funds may be placed pursuant to the general laws of the state.
(Added by Stats. 1983, Ch. 599, Sec. 1.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Investments › Section 120471.

120471. The investment may be made by direct purchase of any issue of the bonds, treasury notes, or obligations, or part thereof, at the original sale or by the subsequent purchase of the bonds, treasury notes, or obligations.
(Added by Stats. 1983, Ch. 599, Sec. 1.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Investments › Section 120472.

120472. Any bonds, treasury notes, or obligations purchased and held as investments by the board may, from time to time, be sold and the proceeds reinvested in bonds, treasury notes, or obligations as provided in this article.
(Added by Stats. 1983, Ch. 599, Sec. 1.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 9 - Investments › Section 120473.

120473. Sales of any bonds, treasury notes, or obligations purchased and held by the board shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds, treasury notes, or obligations were originally purchased was placed in the treasury of the board.
(Added by Stats. 1983, Ch. 599, Sec. 1.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 11 - Transactions and Use Tax › Section 120481.

120481. (a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, the portion of the area of the board to which the tax would apply, and may set a term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be limited to public transit purposes serving the area of jurisdiction of the board, as determined by the board, including the administration of this division and legal actions related thereto. These purposes include expenditures for planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The ordinance shall contain an expenditure plan that shall include the allocation of revenues for the purposes authorized by this section.
(b) As used in this section, “public transit purposes” includes the public transit responsibilities under the jurisdiction of the board as well as any repair, redesign, or ongoing maintenance of a right-of-way upon which transit is intended to travel, or any bikeway, bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway.
(Amended by Stats. 2019, Ch. 758, Sec. 3. (AB 1413) Effective January 1, 2020.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 11 - Transactions and Use Tax › Section 120482.

120482. (a) The county shall conduct an election called by the board pursuant to Section 120480.
(b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county.
(Added by Stats. 2017, Ch. 658, Sec. 7. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 11 - Transactions and Use Tax › Section 120483.

120483. (a) A transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 150 days after adoption of the ordinance.
(b) (1) Before the operative date of the ordinance, the board shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of the ordinance. The costs to be covered by the contract may also include services of the types described in Section 7272 of the Revenue and Taxation Code for preparatory work up to the operative date of the ordinance. Any disputes as to the amount of the costs shall be resolved in the same manner as provided in that section.
(2) Notwithstanding Section 7272 of the Revenue and Taxation Code, the maximum amount of preparatory costs incurred may exceed those costs as described in paragraph (1), if the increased amount reflects necessary preparatory costs.
(c) Within 45 days from the date the ordinance is approved by the voters, the board shall provide the California Department of Tax and Fee Administration with a complete alphabetical list of all streets within the affected area under the jurisdiction of the board pursuant to Section 120054, which shall include beginning and ending street numbers, and shall maintain that list on its internet website. The board shall also provide a legal description and a map or plat, that both describe the boundaries of the applicable area of the board pursuant to Section 120054.
(Amended by Stats. 2019, Ch. 758, Sec. 4. (AB 1413) Effective January 1, 2020.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 11 - Transactions and Use Tax › Section 120484.

120484. The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional transportation improvement program and the applicable regional transportation plan.
(Added by Stats. 2017, Ch. 658, Sec. 7. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 11 - Transactions and Use Tax › Section 120485.

120485. The board, subject to the approval of the voters within the portion of the county to which the tax would apply, may impose a maximum tax rate of one-half of 1 percent under this article and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless specifically authorized by the Legislature.
(Amended by Stats. 2019, Ch. 758, Sec. 5. (AB 1413) Effective January 1, 2020.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 11 - Transactions and Use Tax › Section 120486.

120486. The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from the proceeds of the tax.
(Added by Stats. 2017, Ch. 658, Sec. 7. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 11 - Transactions and Use Tax › Section 120487.

120487. Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable.
(Added by Stats. 2017, Ch. 658, Sec. 7. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 11 - Transactions and Use Tax › Section 120488.

120488. The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article.
(Added by Stats. 2017, Ch. 658, Sec. 7. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 1 - Employees Relations › Section 120500.

120500. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities as permitted under the Federal Labor Management Relations Act, 1947, as amended, for the purpose of collective bargaining or other mutual aid or protection.
It is declared to be in the public interest that the board shall not express any preference for one union over another.
(Added by Stats. 1978, Ch. 577.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 1 - Employees Relations › Section 120501.

120501. Whenever a majority of the employees employed by the board in a unit that is the appropriate unit for collective bargaining indicate a desire to be represented by a labor organization and upon determining as provided in Section 120505, that such labor organization represents the majority of the employees in that appropriate unit, the board shall meet and confer in a good-faith effort to agree on the terms of a written contract with the recognized representatives of such employees governing wages, salaries, hours, working conditions, and benefits, including, but not limited to, health and welfare, sick leave, insurance, or pension or retirement provisions.
(Added by Stats. 1978, Ch. 577.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 1 - Employees Relations › Section 120502.

120502. In case of a labor dispute over wages, salaries, hours, working conditions, and benefits on the making or maintaining of collective-bargaining agreements and the terms to be included in such agreements, which is not resolved by negotiations in good faith between the board and the labor organization, upon the joint request of both, the board and the labor organization may submit the dispute to the decision of the majority of an arbitration panel.
The arbitration panel shall be composed of one representative of the board, and one representative of the labor organization, and they shall endeavor to agree upon the selection of the third member. If they are unable to agree, the names of five persons experienced in labor arbitration shall be obtained from the State Conciliation Service. The labor organization and the board shall, alternately, strike a name from the list so supplied, and the name remaining, after the labor organization and the board have stricken four names, shall be designated as the third arbitrator. The labor organization and the board shall determine by lot who shall first strike a name from the list. The decision of a majority of the arbitration board shall be final and binding upon the parties thereto. The expenses of arbitration shall be borne equally by the parties. Each party shall bear its own costs.
(Added by Stats. 1978, Ch. 577.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 1 - Employees Relations › Section 120503.

120503. In the event the board and the representatives of the employees do not agree to submit the dispute to an arbitration panel as provided in Section 120502, the State Conciliation Service may be notified by either party that a labor dispute exists and that there is no agreement to arbitrate.
The service shall determine whether or not the labor dispute may be resolved by the parties and, if not, the issues concerning which the dispute exists. Upon such determination, the service shall certify its findings to the Governor of the State of California who shall, within 10 days of receipt of certification, appoint a factfinding commission consisting of three persons. The commission shall immediately convene and inquire into and investigate the issues involved in the dispute and shall report to the Governor within 30 days of the date of its creation.
After the creation of such commission, and for 30 days after such commission has made its report to the Governor, no change, except by mutual agreement, shall be made by the parties to the controversy in the conditions out of which the labor dispute arose and service to the public shall be provided.
(Added by Stats. 1978, Ch. 577.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 1 - Employees Relations › Section 120504.

120504. (a) A contract or agreement shall not be made with any labor organization, association, or group that denies membership to, or in any manner discriminates against, any employee on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code.
(b)  The board shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.
(Amended by Stats. 2004, Ch. 788, Sec. 30. Effective January 1, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 1 - Employees Relations › Section 120505.

120505. If there is a question of whether a labor organization represents a majority of employees or whether the proposed unit is the appropriate unit for collective bargaining, the question shall be submitted to the State Conciliation Service for disposition. The service shall promptly hold a public hearing, after due notice to all interested parties, and shall thereupon determine the unit appropriate for the purposes of collective bargaining. In making such determination and in establishing rules and regulations governing petitions and the conduct of hearings and elections, the service shall be guided by relevant federal law and administrative practice developed under the Labor Management Relations Act, 1947, as amended.
The service shall provide for an election to determine the question of representation and shall certify the results to the parties. Any certification of a labor organization to represent or act for the employees in any collective-bargaining unit shall not be subject to challenge on the grounds that a new substantial question of representation within such collective unit exists until the lapse of one year from the date of certification or the expiration of any collective-bargaining agreement, whichever is later, except that no collective-bargaining agreement shall be construed to be a bar to representation proceedings for a period of more than two years.
(Added by Stats. 1978, Ch. 577.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 1 - Employees Relations › Section 120506.

120506. The obligation of the board to meet and confer in good faith with the duly certified labor organization and to agree on the terms of a written collective-bargaining agreement with such labor organization covering the wages, hours, working conditions, and benefits of the employees represented by such labor organization in the appropriate unit, and to comply with the terms thereof, shall not be limited or restricted by the provisions of the Government Code or other laws or statutes. The obligations of the board to bargain collectively shall extend to all subjects of collective bargaining which are, or may be, mandatory subjects of collective bargaining with a private employer, including retroactive provisions and benefits for retired employees.
(Added by Stats. 1978, Ch. 577.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 1 - Employees Relations › Section 120507.

120507. Notwithstanding the provisions of the Government Code, employees of the board may authorize and, upon such authorization, the board may make deductions from wages and salaries of such employees:
(a) Pursuant to a collective-bargaining agreement with a duly designated or certified labor organization for the payment of union dues, fees, or assessments.
(b) For the payment of contributions pursuant to any health and welfare plan or pension or retirement plan.
(c) For any purpose for which deductions may be authorized by employees of any private employer.
(Added by Stats. 1978, Ch. 577.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 1 - Employees Relations › Section 120508.

120508. (a) This article also applies to the employee relations of employees of a nonprofit entity that operates public mass transit services and that is solely owned by the board. For employee relations regarding these employees, “board,” as used in this article, means the board and the board of directors of the nonprofit entity as the joint employer of the employees.
(b) The board may, at any time in its sole discretion, abolish any nonprofit entity or merge any nonprofit entity with another nonprofit entity or with the board.
(c) Upon abolishing or merging a nonprofit entity pursuant to subdivision (b), the board shall become the sole employer of the employees of the nonprofit entity and shall assume sole responsibility to observe all existing labor contracts established and maintained pursuant to this article.
(d) Except as may be agreed upon through the collective bargaining process, nothing in this section shall prohibit or limit the right of the board to contract with common carriers of persons operating under a franchise, license, or other agreement. Any provision in an existing collective bargaining agreement made applicable to the board in its capacity as a joint employer with a nonprofit entity pursuant to subdivision (a) or sole successor employer pursuant to subdivision (b) that is intended to prohibit or limit the right of a nonprofit entity to contract out covered bargaining unit services to another common carrier of persons shall not be binding upon the board with respect to any contract for services entered into, renewed, or extended by the board prior to January 1, 2004, and thereafter shall apply only to contracts for bargaining unit services covered by an existing collective bargaining agreement assumed by or binding upon the board as a joint employer unless otherwise agreed upon through the collective bargaining process. The amendments to this subdivision made by Chapter 557 of the Statutes of 2005 are intended solely to clarify existing law and shall not be interpreted either to enlarge or contract the board’s right to contract out for public transportation services.
(Amended by Stats. 2009, Ch. 140, Sec. 167. (AB 1164) Effective January 1, 2010.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 1 - Employees Relations › Section 120509.

120509. (a) Upon the request of the board, as defined in Section 120508, with the consent of any labor organization acting as the exclusive representative of employees whose collective bargaining rights are subject to Section 120508, the board may enter into a contract to enroll the collectively bargained employees as members of the Public Employees’ Retirement System or another retirement system.
(b) A contract to enroll employees in the Public Employees’ Retirement System shall be subject to the provisions of Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.
(c) Employees transferred from any existing retirement system or pension plan to the Public Employees’ Retirement System or any other retirement system by operation of this section shall receive benefits immediately after enrollment in, or transfer to, the system that are at least equal to, or greater than, the benefits the employees would have been entitled to immediately before enrollment in, or transfer to, the system.
(Added by Stats. 2003, Ch. 202, Sec. 2. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 2 - Rights of Employees of Existing Facilities › Section 120520.

120520. Whenever the board acquires ownership of existing facilities from a privately or publicly owned corporation or utility, either in proceedings by eminent domain or otherwise and terminates the legal existence of the corporation or utility, and operates the facilities itself, to the extent necessary for operation of facilities, any of the employees whose duties pertain to the facilities acquired who have been employed by the corporation or utility, as the case may be, for at least 75 days shall be appointed to comparable positions by the board without examination. These employees shall be given sick leave, seniority, and vacation credits in accordance with the records of the corporation or other acquired utility, as the case may be. No employee of the former corporation or utility shall suffer any worsening of wages, seniority, pension, vacation, or other benefits as they exist at the time of and by reason of the acquisition.
The board shall assume and observe all existing labor contracts of the former corporation or utility, as the case may be, insofar as they relate to the acquired facilities.
This section applies only to those officers or supervisory employees of the former corporation or utility, as the case may be, as shall be designated by the board.
(Amended by Stats. 1985, Ch. 1576, Sec. 19.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 2 - Rights of Employees of Existing Facilities › Section 120521.

120521. (a) Whenever the board acquires ownership of existing facilities from a privately or publicly owned corporation or public utility, either in proceedings in eminent domain or otherwise, and terminates the corporation or operates the facilities itself, that has a pension plan in operation, the members and beneficiaries of the pension plan shall continue to have the rights, privileges, benefits, obligations, and status with respect to the plan.
The board shall consider, and take into account, the outstanding obligations and liabilities of the corporation or of the publicly or privately owned public utility, as the case may be, by reason of the pension plan, and may negotiate an allowance in the purchase price of the corporation or the utility for the assumption of those obligations and liabilities when acquiring the corporation or the utility.
(b) Instead of maintaining an existing pension plan applicable to bargaining unit employees of an acquired facility, the board, with the consent of any exclusive collective bargaining representative of employees of an acquired facility whose rights are protected by Section 120520, may enroll the employees in, or transfer them to, the Public Employees’ Retirement System or another retirement system.
(c) A contract to enroll employees in the Public Employees’ Retirement System shall be subject to the provisions of Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.
(d) Employees participating in an existing pension plan shall receive benefits immediately after enrollment in, or transfer to, the system that are at least equal to, or greater than, the benefits the employees would have been entitled to immediately before enrollment in, or transfer to, the system.
(Amended by Stats. 2003, Ch. 202, Sec. 3. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 2 - Rights of Employees of Existing Facilities › Section 120522.

120522. Whenever the board acquires ownership of existing facilities from a privately or publicly owned corporation or public utility, either in proceedings in eminent domain or otherwise and maintains the corporation or utility, by whatever name, as a separate, legal corporate entity, the board of directors of the corporation or utility shall continue its responsibilities with regard to its employees’ wages, hours, and other terms and conditions of employment, existing labor contracts, and existing pension plans.
(Amended by Stats. 1985, Ch. 1576, Sec. 21.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 2 - Rights of Employees of Existing Facilities › Section 120523.

120523. (a) Any pension plan maintained by the board pursuant to this division for employees of the board who are members of a unit appropriate for collective bargaining shall be maintained pursuant to a collective bargaining agreement and this section.
(b) The pension plan and the funds of the plan shall be managed and administered by a retirement board composed of equal representation of labor and management. Any deadlock among the members of the board with respect to that management and administration shall be resolved in the manner specified in Section 302 of the federal Labor Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)).
(c) The duties and responsibilities of the retirement board shall be executed in accordance with Section 17 of Article XVI of the California Constitution.
(d) This section does not apply if the board has, pursuant to a collective bargaining agreement, provided membership for the board’s represented employees in the Public Employees’ Retirement System, a retirement system established pursuant to the County Employees Retirement Law of 1937, or a pension trust subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.).
(Added by Stats. 2003, Ch. 845, Sec. 3. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 3 - Employee Protection › Section 120540.

120540. It shall be a condition of the operation of any transit facility owned or controlled by the board that Section 5333 of Title 49 of the United States Code shall be given effect to the extent required by law.
(Amended by Stats. 2005, Ch. 557, Sec. 29. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 5 - Personnel › ARTICLE 3 - Employee Protection › Section 120550.

120550. The board may establish and maintain a police force. Those employees of the board appointed by the general manager or chief executive officer to the police force and who are duly sworn are peace officers and are subject to the powers set forth in Section 830.33 of the Penal Code. The board shall adhere to the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training pursuant to Title 4 (commencing with Section 13500) of Part 4 of the Penal Code.
(Amended by Stats. 2004, Ch. 615, Sec. 13. Effective January 1, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 1 - Revenue Bonds › Section 120630.

120630. The board may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by, or on behalf of, the board, in the manner provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), and all of the provisions of that law are applicable to the board.
(Amended by Stats. 2005, Ch. 557, Sec. 30. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 1 - Revenue Bonds › Section 120631.

120631. The board is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code). The term “enterprise,” as used in the Revenue Bond Law of 1941, for all purposes of this article, includes the transit system or any or all transit facilities and all additions, extensions, and improvements thereto authorized to be acquired, constructed, or completed by the board.
The board may issue revenue bonds under the Revenue Bond Law of 1941 for any one or more transit facilities authorized to be acquired, constructed, or completed by, or on behalf of, the board or, in the alternative, the board may issue revenue bonds under the Revenue Bond Law of 1941 for the acquisition, construction, and completion of any one of those transit facilities.
Nothing in this article prohibits the board from availing itself of, or making use of, any procedure provided in this chapter for the issuance of bonds of any type or character for any of the transit facilities authorized hereunder, and all proceedings may be carried on simultaneously or, in the alternative, as the board may determine.
(Amended by Stats. 2005, Ch. 557, Sec. 31. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 2 - Equipment Trust Certificates › Section 120650.

120650. The board may purchase transit equipment such as cars, trolley buses, motorbuses, light rail vehicles, or rolling equipment, and may execute agreements, leases, and equipment trust certificates in the forms customarily used by private corporations engaged in the transit business appropriate to effect the purchase and leasing of transit equipment, and may dispose of the equipment trust certificates upon the terms and conditions that the board may deem appropriate.
Payment for transit equipment, or rentals therefor, may be made in installments, and the deferred installments may be evidenced by equipment trust certificates that are or will be legally available to the board. Title to the equipment shall not vest in the board until the equipment trust certificates are paid.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 2 - Equipment Trust Certificates › Section 120651.

120651. The agreement to purchase or lease may direct the vendor or lessor to sell and assign or lease the rolling equipment to a bank or trust company duly authorized to transact business in the state as trustee for the benefit and security of the equipment trust certificates, and may direct the trustee to deliver the rolling equipment to one or more designated officers of the board and may authorize the board to simultaneously therewith execute and deliver an installment purchase agreement or a lease of the equipment to the board.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 2 - Equipment Trust Certificates › Section 120652.

120652. The agreements and leases shall be duly acknowledged before a person authorized by law to take acknowledgments of deeds and in the form required for acknowledgment of deeds.
The agreements, leases, and equipment trust certificates shall be authorized by resolution of the board and shall contain covenants, conditions, and provisions which may be deemed necessary or appropriate to insure the payment of the equipment trust certificates from legally available source or sources of funds specified in the certificates.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 2 - Equipment Trust Certificates › Section 120653.

120653. The covenants, conditions, and provisions of the agreements, leases, and equipment trust certificates shall not conflict with any of the provisions of any trust agreement securing the payment of bonds, notes, or certificates of the board.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 2 - Equipment Trust Certificates › Section 120654.

120654. An executed copy of each agreement and lease shall be filed in the office of the Secretary of State, who shall be entitled to receive one dollar ($1) for each copy filed.
The filing constitutes notice to any subsequent judgment creditor or any subsequent purchaser.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 3 - Improvement Acts and Special Benefit Districts › Section 120670.

120670. The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), and the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), are applicable to the board.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 3 - Improvement Acts and Special Benefit Districts › Section 120671.

120671. Chapter 1 (commencing with Section 99000) of Part 11 of Division 10 is applicable to the board.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 4 - Temporary Borrowing › Section 120680.

120680. The board may borrow money in accordance with Article 7 (commencing with Section 53820), Article 7.6 (commencing with Section 53850), or Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.
(Amended by Stats. 1984, Ch. 1124, Sec. 20.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 4 - Temporary Borrowing › Section 120681.

120681. The board may borrow money in anticipation of the sale of bonds which have been authorized to be issued, but which have not been sold and delivered, and may issue negotiable bond anticipation notes therefor and may renew the bond anticipation notes from time to time, but the maximum maturity of any bond anticipation notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original bond anticipation notes.
The bond anticipation notes may be paid from any money of the board available therefor and not otherwise pledged. If not previously otherwise paid, the bond anticipation notes shall be paid from the proceeds of the next sale of the bonds of the board in anticipation of which they were issued. The bond anticipation notes shall not be issued in any amount in excess of the aggregate amount of bonds which the board has been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding.
The bond anticipation notes shall be issued and sold in the same manner as the bonds. The bond anticipation notes and the resolution or resolutions authorizing them may contain any provisions, conditions, or limitations which a resolution of the board authorizing the issuance of bonds may contain.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 5 - Miscellaneous › Section 120700.

120700. The board may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 5 - Miscellaneous › Section 120701.

120701. All bonds and other evidences of indebtedness issued by the board under this chapter, and the interest thereon, are free and exempt from all taxation within the state, except for transfer, franchise, inheritance, and estate taxes.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 6 - Bonds and Other Evidences of Indebtedness › ARTICLE 5 - Miscellaneous › Section 120702.

120702. Notwithstanding any other provisions of this division or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the board of any bonds, bonds with a pledge of revenues, bonds for improvement districts, revenue bonds, equipment trust certificates, notes, or any and all evidences of indebtedness or liability constitute a contract between the board and the holders of the bonds, equipment trust certificates, notes, or evidences of indebtedness or liability, and the provisions thereof are enforceable against the board or any or all of its successors or assigns, by mandamus or any other appropriate suit, action, or proceeding in law or in equity in any court of competent jurisdiction.
Nothing in this division or in any other law shall be held to relieve the board or the territory included within it from any bonded or other debt or liability contracted by the board. Upon dissolution of the board or upon withdrawal of territory therefrom, that territory formerly included within the board, or withdrawn therefrom, shall continue to be liable for the payment of all bonded and other indebtedness or liabilities outstanding at the time of the dissolution or withdrawal as if the board had not been so dissolved or the territory withdrawn therefrom, and it shall be the duty of the successors or assigns to provide for the payment of the bonded and other indebtedness and liabilities.
Except as may be otherwise provided in the proceedings for the authorization, issuance, and sale of any revenue bonds, bonds secured by a pledge of revenues, or bonds for improvement districts secured by a pledge of revenues, revenues of any kind or nature derived from any revenue-producing improvements, works, facilities, or property owned, operated, or controlled by the board shall be pledged, charged, assigned, and have a lien thereon for the payment of the bonds as long as they are outstanding, regardless of any change in ownership, operation, or control of the revenue-producing improvements, works, facilities, or property and it shall, in any later event or events, be the duty of the successors or assigns to continue to maintain and operate the revenue-producing improvements, works, facilities, or property as long as bonds are outstanding.
(Added by Stats. 1983, Ch. 599, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11.5 - NORTH COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions and Definitions › Section 125000.

125000. This part shall be known and may be cited as the “North County Transit District Act.”
(Amended by Stats. 2005, Ch. 150, Sec. 2. Effective January 1, 2006.)