reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 4 - Consolidation › Section 132353.

132353. Definitions. The following definitions contained in this article shall govern the construction of this article.
(a) “Construction” shall mean the final design, permitting and building of all transit projects including, but not limited to, commuter and freight rail, light rail, general rail infrastructure, regional bus facilities, paratransit, and other regional transit projects. Construction shall exclude the Oceanside to Escondido Rail Project and the Mission Valley East Extension Light Rail Project, and other projects or those portions of projects which have a construction contract in place at the time of the subsequent transfer defined in Section 132353.2. The aforementioned construction contracts may be assigned to the consolidated agency with mutual agreement of the consolidated agency and the respective transit board. Construction projects shall exclude local and minor improvement projects as defined in the transition plan.
(b) “Planning” shall include, but not be limited to, conceptual development of transit projects and services and integration and coordination of all modes of transportation.
(c) “Programming” shall mean the, acquisition, prioritization and allocation of funding of transit projects and services.
(d) “Project development” shall mean alternative analysis, environmental review and clearance, preliminary engineering, and any other activities necessary to prepare for the construction of a transit project, as defined in the transition plans.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 4 - Consolidation › Section 132353.1.

132353.1. Notwithstanding any other provision of law and except as provided in this chapter, the San Diego Association of Governments shall be consolidated into a public agency known as the consolidated agency. In addition, upon adoption of the 2030 Regional Transportation Plan by the consolidated agency, and not later than July 1, 2003, all public transit and other transportation planning and programming responsibilities, including, but not limited to, short and near-term operational and financial planning and program development of the San Diego Metropolitan Transit Development Board (MTDB) and the North San Diego County Transit Development Board (NCTD), except as set forth in subdivision (c) of Section 132353.2 shall be consolidated into the consolidated agency. This consolidation shall be referred to as the initial transfer. A transition plan for the initial transfer of transit functions and responsibilities shall be developed by February 28, 2003, by the consolidated agency in consultation with the transit boards to ensure the efficient and timely transfer of the transit boards’ functions and responsibilities. All local, state, federal, and other funding available to carry out these responsibilities and those set forth in Section 132353.2, upon any consolidation, shall be deemed to be funding of the consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 4 - Consolidation › Section 132353.3.

132353.3. In the event of complete consolidation of MTDB with the consolidated agency, any corporation that is a wholly owned subsidiary of MTDB shall become a subsidiary of the consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 4 - Consolidation › Section 132353.4.

132353.4. Upon the transfer of responsibilities and obligations from the consolidated entities into the consolidated agency, the consolidated agency, shall by operation of law, and in accordance with transition plans, succeed to all of the rights and obligations of the consolidated entities, including MTDB and NCTD, which enable the consolidated agency to perform the responsibility and obligations transferred, as provided in this section. This shall include, but not be limited to:
(a) The rights and property of the consolidated entities, including MTDB and NCTD, pertaining to the responsibilities and obligations transferred.
(b) The legally enforceable debts and liabilities of the consolidated entities, including MTDB and NCTD, pertaining to the responsibilities and obligations transferred in the same manner as if the consolidated agency had itself incurred them.
(c) The rights of creditors and all liens upon the property of the consolidated entities or of their responsibilities shall be preserved unimpaired, limited in lien to the property affected by the liens immediately prior to the transfer of related responsibilities and obligations.
(d) An action or proceeding pending by or against a consolidated entity, including MTDB and NCTD, may be prosecuted to judgment, and the judgment shall be binding on the consolidated agency, or the consolidated agency may be proceeded against or substituted in the place of a consolidated entity, if the action or proceeding pertains to a transferred responsibility or obligation.
(e) In order to protect the holders of outstanding, unmatured bonds and other evidences of indebtedness of the consolidated entities, including MTDB and NCTD pertaining to the responsibilities and obligations transferred, the consolidated agency shall have the power to take all actions and do all things necessary or required for the protection of those holders and for compliance with the terms of those bonds and other evidences of indebtedness. The consolidated agency shall have the power to continue all services that the consolidated entities, including MTDB and NCTD are furnishing pertaining to the responsibilities and obligations transferred on the date of the transfer.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 5 - Powers and Functions › Section 132354.

132354. The consolidated agency shall have and may exercise all rights and powers, expressed or implied, that are necessary to carry out the purposes and intent of this chapter, including, but not limited to, the power to do all of the following:
(a) Sue and be sued.
(b) (1) To acquire any property by any means, and to hold, manage, occupy, develop, jointly develop, dispose of, convey, or encumber property.
(2) To create a leasehold interest in property for the benefit of the consolidated agency.
(c) To acquire, by eminent domain, any property necessary to carry out any of its powers or functions.
(d) To merge or split parcels, adjust boundary lines, or take similar actions as part of the acquisition of land or as needed in order to carry out its functions.
(e) To construct, acquire, develop, jointly develop, maintain, operate, lease, and dispose of work, property, rights-of-way, and facilities.
(f) To appoint necessary employees, including counsel, and to define their qualifications and duties.
(g) To enter into and perform all necessary contracts.
(h) To fix and collect fees for any services rendered by it.
(i) To adopt a seal and alter it at the consolidated agency’s pleasure.
(j) To adopt an annual budget and to fix the compensation of its officers, board members, and employees.
(k) To establish and enforce rules and regulations for the administration, operation, and maintenance of facilities and services.
(l) To enter joint powers arrangements with other entities.
(m) To provide insurance.
(n) To issue bonds.
(o) To do any other things necessary to carry out the purposes of this chapter.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 5 - Powers and Functions › Section 132354.2.

132354.2. This chapter is necessary for the public health, safety, and welfare, and shall be liberally construed to carry out the objects and purposes of this chapter and the declared policy of the state as set forth in this chapter.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 5 - Powers and Functions › Section 132354.3.

132354.3. It is the intent of the Legislature that the federal government, the state, and local agencies within the jurisdictional area of the consolidated agency will participate in support of the consolidated agency. It is further the intent of the Legislature that financial support for the activities of the consolidated agency will be made available from federal, state, and local sources normally available for transportation and other planning purposes in the region and for those functions consolidated within the consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 5 - Powers and Functions › Section 132354.4.

132354.4. The consolidated agency shall be excluded from the requirements of a “local agency” set forth in Section 53091 of the Government Code.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 5 - Powers and Functions › Section 132354.5.

132354.5. Nothing in this chapter authorizes the consolidated agency to operate public transit systems.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 5 - Powers and Functions › Section 132354.6.

132354.6. Except as otherwise provided by law, the consolidated agency shall not have any authority over local land use decisions affecting permitting or zoning of public or private development projects.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 5 - Powers and Functions › Section 132354.7.

132354.7. The consolidated agency shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the consolidated agency an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(a) This subdivision shall not apply if any of the following requirements are met:
(1) The consolidated agency has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the consolidated agency has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement.
(2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the consolidated agency before January 1, 2017.
(3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce.
(b) For purposes of subdivision (a), “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(Added by Stats. 2017, Ch. 658, Sec. 16. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 5 - Powers and Functions › Section 132354.8.

132354.8. (a) The consolidated agency may implement every component of the regional transportation plan described in subparagraph (B) of paragraph (2) of subdivision (d) of Section 65080 of the Government Code, as well as subsequent updates of the regional transportation plan. This implementation authority shall include, but is not limited to, the authority to plan, engineer, design, and seek funding sources for applicable projects.
(b) The implementation authority described in subdivision (a) shall include, but is not limited to, the authority to seek resources and fund projects identified in the sustainable communities strategy described in paragraph (2) of subdivision (b) of Section 65080 of the Government Code, including habitat conservation projects, water quality improvement projects, and other environmental mitigation projects.
(c) The consolidated agency may exercise its bonding authority pursuant to Article 8 (commencing with Section 132370) to implement any component of the regional transportation plan described in subparagraph (B) of paragraph (2) of subdivision (d) of Section 65080, as well as subsequent updates to the regional transportation plan.
(Added by Stats. 2022, Ch. 127, Sec. 1. (AB 2367) Effective January 1, 2023.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6 - Staffing, Labor, and Retirement Benefits › Section 132355.

132355. Administrative authority for the consolidated agency shall be vested in the office of the executive director, subject to the direction and policies of the consolidated agency as approved by the board. The executive director shall serve at the pleasure of the board and may appoint employees as may be necessary to carry out the functions of the consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6 - Staffing, Labor, and Retirement Benefits › Section 132355.1.

132355.1. The employees of the consolidated entities affected by this chapter shall become employees of the consolidated agency and shall suffer no loss of employment or reduction in wages, health and welfare and other benefits, seniority, retirement benefits or contributions made to retirement plans, or any other term or condition of employment as a result of the enactment of this chapter.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6 - Staffing, Labor, and Retirement Benefits › Section 132355.2.

132355.2. (a) Upon succession of the consolidated agency under Section 132351.3, and in accordance with Article 4 (commencing with Section 132353), all affected employees of the consolidated entities shall become employees of the consolidated agency at their existing or substantially equivalent classifications, salaries, and benefits. All consolidated entity employees who become employees of the consolidated agency shall be given sick leave, seniority, and vacation credits in accordance with the records of the consolidated entity that previously employed them.
(b) On the effective date of succession of the consolidated agency:
(1) Regular employees of the consolidated entities shall be deemed qualified, and no other qualifications shall be required for employment or retention by the consolidated agency.
(2) Probationary employees of consolidated entities shall retain their probationary status and rights, and shall not be deemed to have transferred so as to require serving a new probationary period.
(c) Upon transfer of any public benefit corporation owned solely by the MTDB pursuant to Section 132353.3, any reference to the board or to the San Diego Metropolitan Transit Development Board in Article 1 (commencing with Section 120500), Article 2 (commencing with Section 120520), and Article 3 (commencing with Section 120540) of Chapter 5 of Division 11 shall be deemed to refer to the consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6 - Staffing, Labor, and Retirement Benefits › Section 132355.4.

132355.4. (a) Whenever a majority of the employees employed by the consolidated agency in a unit appropriate for collective bargaining indicate a desire to be represented by a labor organization, and upon determining that the labor organization represents at least a majority of the employees in the appropriate unit, the determination of questions concerning employee representation and the conduct of employee-employer relations for the consolidated agency shall be governed by the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code).
(b) For the purposes of the wage orders of the Industrial Welfare Commission, the consolidated agency shall be considered a special district.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6.3 - Adoption and Revision of a Regional Aviation Strategic Plan and Airport Multimodal Accessibility Plan › Section 132357.

132357. On or before June 30, 2008, the San Diego County Regional Airport Authority and the consolidated agency shall enter into an agreement for the coordination of responsibilities for the adoption of, and updates to, the regional aviation strategic plan and the airport multimodal accessibility plan for San Diego County pursuant to this article. The agreement shall include provisions for coordination and timing of the preparation and maintenance of the plans. The agreement shall also provide for coordination of efforts to obtain funding from outside sources and equitable allocation of funding responsibilities for the airport multimodal accessibility plan.
(Added by Stats. 2007, Ch. 287, Sec. 3. Effective January 1, 2008.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6.5 - Adoption and Administration of a Regional Comprehensive Plan › Section 132360.

132360. (a) It is the intent of the Legislature that the consolidated agency complete a public process by June 30, 2004, to prepare and adopt a regional comprehensive plan based on the local general and regional plans that integrates land uses, transportation systems, infrastructure needs, and public investment strategies, within a regional framework, in cooperation with member agencies and the public.
(b) The regional comprehensive plan should be updated as necessary for the consolidated agency to comply with Section 132360.2.
(Added by Stats. 2003, Ch. 508, Sec. 3. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6.5 - Adoption and Administration of a Regional Comprehensive Plan › Section 132360.2.

132360.2. The regional transportation plan, the regional aviation strategic plan, the airport multimodal accessibility plan, and the regional comprehensive plan should be compatible. The regional comprehensive plan should set the framework for the type of changes upon which subsequent regional transportation plans, regional aviation strategic plans, and airport multimodal accessibility plans should focus.
(Amended by Stats. 2007, Ch. 287, Sec. 4. Effective January 1, 2008.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6.5 - Adoption and Administration of a Regional Comprehensive Plan › Section 132360.3.

132360.3. The consolidated agency shall maintain the data, maps, and other information developed in the course of formulating the regional comprehensive plan in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other government agencies and private organizations.
(Added by Stats. 2003, Ch. 508, Sec. 3. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6.5 - Adoption and Administration of a Regional Comprehensive Plan › Section 132360.4.

132360.4. Each member agency should review the actions that the consolidated agency makes on state and federally regulated or mandated items and report these actions to their respective jurisdiction for review.
(Added by Stats. 2003, Ch. 508, Sec. 3. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6.5 - Adoption and Administration of a Regional Comprehensive Plan › Section 132360.5.

132360.5. All documents created in compliance with this article shall be made available and ready for public review in compliance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(Amended by Stats. 2021, Ch. 615, Sec. 408. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 6.5 - Adoption and Administration of a Regional Comprehensive Plan › Section 132360.6.

132360.6. The consolidated agency may use the authority for the retail transactions and use tax provided under Sections 132301 and 132302 to fund and finance infrastructure needs identified in the regional comprehensive plan developed in accordance with this article. Development of the proposal and expenditure plan shall be conducted using a public collaborative planning process that is consistent with Section 132360.1.
(Added by Stats. 2008, Ch. 83, Sec. 12. Effective January 1, 2009.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 7 - Voter Approval › Section 132362.

132362. (a) In addition to the authority set forth in Article 5 (commencing with Section 132300) and Article 6 (commencing with Section 132320) of Chapter 2 of Division 12.7, if the consolidated agency provides compensation to San Diego County for the cost of including an ordinance or measure on the ballot, the consolidated agency may call an election, including an advisory election, in San Diego County on any ordinance or measure regarding the governance of or matters related to the powers, privileges, or duties of the consolidated agency, including, but not limited to, merger or complete consolidation of the transit boards.
(b) The ordinance or measure shall be consistent with, and shall not be in conflict with, any other provision of this chapter.
(Amended by Stats. 2017, Ch. 658, Sec. 18. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 7 - Voter Approval › Section 132364.

132364. The county shall conduct an election, including an advisory election, called by the consolidated agency in the same manner as provided by law for the conduct of elections by a county.
(Added by renumbering Section 132634 by Stats. 2003, Ch. 62, Sec. 271. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.

132370. The consolidated agency may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by the consolidated agency, 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 consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.1.

132370.1. (a) The consolidated agency 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 the consolidated agency or for transit equipment described in Section 132372 below authorized to be acquired by the consolidated agency or, in the alternative, the consolidated agency may issue revenue bonds under the Revenue Bond Law of 1941 for the acquisition, construction, and completion of any one of those transit facilities or for transit equipment described in Section 132372 below authorized to be acquired by the consolidated agency.
(b) Nothing in this article prohibits the consolidated agency 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 consolidated agency may determine.
(c) Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code does not apply to the issuance and sale of bonds pursuant to this chapter and the consolidated agency shall authorize the issuance of such bonds by resolution of its governing board.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.2.

132370.2. 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 consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.3.

132370.3. Chapter 1 (commencing with Section 99000) of Part 11 of Division 10 of the Public Utilities Code is applicable to the consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.4.

132370.4. The consolidated agency shall be considered to be a “local agency” as defined in subdivision (h) of Section 53317 of the Government Code and the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code are applicable to the consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.5.

132370.5. The consolidated agency shall be considered to be a “local agency” as defined in subdivision (f) of Section 6585 of the Government Code and the provisions of Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code are applicable to the consolidated agency.
(Amended by Stats. 2003, Ch. 62, Sec. 268. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.6.

132370.6. The consolidated agency 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. 2003, Ch. 62, Sec. 269. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.7.

132370.7. (a) The consolidated agency 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 application notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original bond anticipation notes.
(b) The bond anticipation notes may be paid from any money of the consolidated agency 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 consolidated agency 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 consolidated agency has not 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.
(c) 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 consolidated agency authorizing the issuance of bonds may contain.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.8.

132370.8. The consolidated agency 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. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.9.

132370.9. All bonds and other evidences of indebtedness issued by the consolidated agency 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. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132370.10.

132370.10. (a) Notwithstanding any other provisions of this article or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the consolidated agency of any bonds, bonds with a pledge of revenues, bonds for any and all evidences of indebtedness or liability constitute a contract between the consolidated agency and the holders of the bonds, equipment trust certificates, notes, or evidences of indebtedness or liability, and the provisions thereof are enforceable against the consolidated agency or any or all of its successors or assigns, by mandamus or any other appropriate suit, action, proceeding in law or in equity in any court of competent jurisdiction.
(b) Nothing in this article or in any other law shall be held to relieve the consolidated agency or the territory included within it from any bonded or other debt or liability contracted by the consolidated agency. Upon dissolution of the consolidated agency or upon withdrawal of territory therefrom, that territory formerly included within the consolidated agency, 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 consolidated agency 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.
(c) 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 consolidated agency 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 changes 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, and property as long as bonds are outstanding.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132372.

132372. (a) The consolidated agency 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 consolidated agency may deem appropriate.
(b) 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 consolidated agency. Title to the equipment shall not vest in the consolidated agency until the equipment trust certificates are paid.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132372.1.

132372.1. The agreement to purchase or lease transit equipment may direct the vendor or lessor to sell and assign or lease the transit 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 transit equipment to one or more designated officers of the consolidated agency and may authorize the consolidated agency to simultaneously therewith execute and deliver an installment purchase agreement or a lease of such equipment to the consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132372.2.

132372.2. (a) 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.
(b) The agreements, leases and equipment trust certificates shall be authorized by resolution of the consolidated agency and shall contain covenants, conditions, and provisions which may be deemed necessary or appropriate to ensure the payment of the equipment trust certificates from such legally available source or sources of funds as may be specified in the certificates.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132372.3.

132372.3. 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 or similar document securing the payment of bonds, notes, or certificates of the consolidated agency.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 3 - Transportation Consolidation For San Diego › ARTICLE 8 - Bonds, Equipment, and Leases › Section 132372.4.

132372.4. (a) 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.
(b) The filing constitutes notice to any subsequent judgment creditor or any subsequent purchaser.
(Added by Stats. 2002, Ch. 743, Sec. 4. Effective January 1, 2003.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 6 - Pasadena Metro Blue Line Construction Authority › Section 132400.

132400. For purposes of this chapter, the following terms have the following meanings:
(a) The “authority” is the Metro Gold Line Foothill Extension Construction Authority created under this chapter, formerly known as the Pasadena Metro Blue Line Construction Authority.
(b) The “board” is the governing board of the authority.
(c) The “commission” is the California Transportation Commission.
(d) The “LACMTA” is the Los Angeles County Metropolitan Transportation Authority.
(e) The “project” is the Los Angeles-Pasadena Foothill Extension Gold Line light rail project, formerly known as the Los Angeles-Pasadena Metro Blue Line, extending from Union Station in the City of Los Angeles to Sierra Madre Villa Boulevard in the City of Pasadena and any mass transit guideway that may be planned east of Sierra Madre Villa Boulevard along the rail right-of-way extending to the City of Montclair.
(f) The “extension cities” are the Cities of Arcadia, Monrovia, Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, Claremont, and Montclair.
(Amended by Stats. 2012, Ch. 189, Sec. 1. (AB 1600) Effective January 1, 2013.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 6 - Pasadena Metro Blue Line Construction Authority › Section 132405.

132405. The authority is hereby created for the purpose of awarding and overseeing all design and construction contracts for completion of the project.
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 6 - Pasadena Metro Blue Line Construction Authority › Section 132415.

132415. (a) The authority shall be governed by a board consisting of five voting members and four nonvoting members who shall be appointed as follows:
(1) Three members shall be appointed by the City Councils of the Cities of Los Angeles, Pasadena, and South Pasadena, with each city council appointing one member by a majority vote of the membership of that city council.
(2) One member shall be appointed by the President of the Governing Board of the San Gabriel Valley Council of Governments, subject to confirmation by that board.
(3) One member shall be appointed by the LACMTA.
(4) One nonvoting member shall be appointed by the Governor.
(5) Two nonvoting members shall be appointed by the City Councils of the Cities of Pasadena and South Pasadena, with each city appointing one nonvoting member.
(6) One nonvoting member shall be appointed by the president of the board of directors of the San Bernardino Associated Governments, subject to confirmation by that board.
(b) All members shall serve a term of not more than four years, with no limit on the number of terms that may be served by any person.
(c) Each appointing authority shall also appoint an alternate member to serve in a member’s absence. If the position of a voting member becomes vacant, the alternate member shall serve until the position is filled as required pursuant to subdivision (a).
(d) Members of the board are subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).
(e) Three members of the board shall constitute a quorum.
(f) The board shall elect a chairperson and vice chairperson from among the membership of the board.
(g) Each member of the board may be compensated at a rate of not more than one hundred fifty dollars ($150) per day spent attending to the business of the authority. Compensation, if paid, shall not exceed six hundred dollars ($600) per month, plus expenses directly related to the performance of duties imposed by the authority, including, but not limited to, travel and personal expenses.
(h) Members appointed to the board may include members of the entities set forth in subdivision (a), and members of the city councils or other elected officials of the extension cities, or both. The simultaneous membership described in this subdivision shall not constitute a violation of Section 1099 or 1126 of the Government Code.
(Amended by Stats. 2012, Ch. 189, Sec. 3. (AB 1600) Effective January 1, 2013.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 6 - Pasadena Metro Blue Line Construction Authority › Section 132420.

132420. (a) The board may appoint an executive director to serve at the pleasure of the authority.
(b) The executive director is exempt from all civil service provisions and shall be paid a salary established by the board.
(c) The executive director may appoint staff or retain consultants as necessary to carry out the duties of the authority.
(d) All contracts approved and awarded by the executive director shall be awarded in accordance with state laws generally applicable to local agency procurements and contracts, subject to the provisions of this chapter. Awards shall be based on price or competitive negotiation, or on both of those things.
(Amended by Stats. 2012, Ch. 189, Sec. 4. (AB 1600) Effective January 1, 2013.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 6 - Pasadena Metro Blue Line Construction Authority › Section 132425.

132425. The LACMTA shall identify and expeditiously enter into an agreement with the authority to hold in trust with the authority all real and personal property, and any other assets accumulated in the planning, design, and construction of the project, including, but not limited to, rights-of-way, documents, third-party agreements, contracts, and design documents, as necessary for completion of the project.
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 6 - Pasadena Metro Blue Line Construction Authority › Section 132430.

132430. (a) The LACMTA shall transfer the unencumbered balance of all local funds programmed for completion of the project and that have been identified in the Restructuring Plan adopted by the LACMTA Board of Directors on May 13, 1998, to the authority for completion of the project.
(b) The authority is eligible to receive allocations of state funds for the project. The unencumbered balance of funds currently programmed or allocated to the LACMTA for completion of the project and that have been identified in the Restructuring Plan adopted by the LACMTA Board of Directors on May 13, 1998, shall be allocated to the authority for completion of the project.
(c) Any transfer of funds by the LACMTA under this section shall be subject to the terms of the memorandum of understanding entered into between the LACMTA and the commission on June 2, 1998.
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 6 - Pasadena Metro Blue Line Construction Authority › Section 132435.

132435. The authority shall enter into a memorandum of understanding with the LACMTA that shall specifically address the ability of the LACMTA to review any significant changes in the scope of the design or construction, or both design and construction, of the project. For purposes of this section, the term “significant change” means any change of mode or technology, or any other substantive change that affects the connectivity and operation of the project as part of the overall transit system operated by the LACMTA, or any combination of those things. Design and construction of a light rail project that is consistent with the current scope of the project shall not be deemed to be a significant change in the scope of the project and shall not require concurrence by the LACMTA.
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)
2023 California Code › Public Utilities Code - PUC › DIVISION 12.7 - COUNTY AND REGIONAL TRANSPORTATION COMMISSIONS › CHAPTER 6 - Pasadena Metro Blue Line Construction Authority › Section 132440.

132440. The authority shall not encumber any future farebox revenue anticipated from the operation of the project.
(Added by Stats. 1998, Ch. 1021, Sec. 1. Effective January 1, 1999.)