reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 18 - GOLD COAST TRANSIT DISTRICT › CHAPTER 5 - Powers of the District › Section 107021.

107021. The general manager, and every officer or person under the direction of the general manager who handles, has access to, or has charge of any property of the district, shall provide and file with the general manager an official fidelity bond or insurance policy assuring to the district that person’s performance. The board shall determine and establish the penal sum of each official bond. Premiums charged for each bond required shall be paid by the district.
(Added by Stats. 2013, Ch. 503, Sec. 1. (AB 664) Effective January 1, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 18 - GOLD COAST TRANSIT DISTRICT › CHAPTER 5 - Powers of the District › Section 107022.

107022. The members, whether individually or collectively, shall not be liable for any act or omission of the district, including, but not limited to, any of the following:
(a) Performing any and all things necessary to carry out the purposes of this part.
(b) Any act of the district, or for any act of the district’s agents or employees.
(c) The payment of wages, benefits, or other compensation to officers, agents, or employees of the district.
(d) The payment of workers’ compensation or indemnity to agents or employees of the district for injury, illness, or death.
(Added by Stats. 2013, Ch. 503, Sec. 1. (AB 664) Effective January 1, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 18 - GOLD COAST TRANSIT DISTRICT › CHAPTER 6 - Claims › Section 107023.

107023. (a) All claims for money or damages against the district are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as provided therein or by other statutes or regulations expressly applicable thereto.
(b) No claim for money or damages shall be considered by the board unless the claim conforms to the provisions of Chapter 2 (commencing with Section 910) of Division 3.6 of Title 1 of the Government Code and unless the claim is filed with the clerk of the board not less than five days prior to the time of the meeting of the board at which it is to be considered.
(c) Pursuant to Section 935 of the Government Code, all claims against the district for money or damages that are excepted by Section 905 of the Government Code from the provisions of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedures prescribed in this section, as follows:
(1) A signed written claim shall be presented to the district by mailing or delivering it to the clerk of the board by the claimant or by a person acting on behalf of the claimant. The claim shall conform to the requirements of Section 910 of the Government Code or be on a form provided by the district.
(2) Unless otherwise provided in this section, the procedures of presentation, consideration, and action upon all claims filed pursuant to this section shall be the same as the procedures provided and required by Sections 910 to 915.2, inclusive, of the Government Code, and any amendment thereto as enacted, which provisions and sections are hereby adopted as the requirements of this section. The presentation and action on claims provided herein shall be a prerequisite to a suit thereon, and the suit shall be subject to the provisions of Sections 945.5 and 945.6 of the Government Code.
(Added by Stats. 2013, Ch. 503, Sec. 1. (AB 664) Effective January 1, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 18 - GOLD COAST TRANSIT DISTRICT › CHAPTER 7 - Detachments › Section 107024.

107024. (a) Territory within the district may be detached from the district by a supermajority vote of the directors, which shall be at least 80 percent of the nonweighted vote of the existing board provided that all pending legal and financial obligations have been satisfied.
(b) The detachment of territory from the district shall become effective upon giving of the notice required in Section 57204 of the Government Code, provided that the detached territory shall not be relieved from liability for taxation for the payment of any bonded indebtedness existing at the time of detachment.
(c) Notice of the detachment of territory from the district shall be given to each assessor whose roll is used for a tax levy made pursuant to this part and with the State Board of Equalization pursuant to Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code.
(Added by Stats. 2013, Ch. 503, Sec. 1. (AB 664) Effective January 1, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 18 - GOLD COAST TRANSIT DISTRICT › CHAPTER 8 - Dissolution › Section 107025.

107025. (a) The district may be dissolved upon a supermajority vote of the directors which shall be at least 80 percent of the nonweighted vote of the board. However, the winding up of the district shall be conducted by the board and the general manager. The district shall not be fully dissolved and terminated until all debts, financial obligations, and liabilities are paid in full and any and all remaining assets after payment of all debts, financial obligations, and liabilities are distributed to the members.
(b) (1) If the directors cannot agree as to the valuation of the property or to the manner of asset distribution, the question shall be submitted to arbitration, as set forth below, and the directors shall make the distribution or valuation as directed by arbitrators.
(2) Three arbitrators shall be appointed. One arbitrator shall be selected by the governing bodies of the Cities of Oxnard and San Buenaventura, one arbitrator shall be selected by the governing bodies of the County of Ventura, the City of Port Hueneme, and the City of Ojai, and one arbitrator shall be selected by the governing bodies of the other members. If no other members exist, the third arbitrator shall be selected by the Presiding Judge of the Ventura County Superior Court.
(3) The arbitration shall be binding and shall be conducted pursuant to Title 9 (commencing with Section 1280) of the Code of Civil Procedure. Any hearings shall be held within the county. All notices, including notices under Section 1290.4 of the Code of Civil Procedure shall be given to the governing body of each member.
(Added by Stats. 2013, Ch. 503, Sec. 1. (AB 664) Effective January 1, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 2 - Creation of Boards › Section 120050.

120050. (a) There is hereby established the San Diego Metropolitan Transit Development Board in that portion of the County of San Diego as described in Section 120054.
(b) The board shall also be known as the San Diego Metropolitan Transit System. Any reference in law to the board shall be construed to include a reference to the San Diego Metropolitan Transit System.
(c) (1) The board shall be considered a rapid transit district for the purposes set forth in Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code.
(2) The board shall be included within the meaning of “public agency,” as defined in Section 1450 of the Streets and Highways Code.
(Amended by Stats. 2019, Ch. 636, Sec. 2. (AB 1810) Effective January 1, 2020.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 2 - Creation of Boards › Section 120050.2.

120050.2. The board consists of 15 members selected as follows:
(a) One member of the County of San Diego Board of Supervisors, appointed by the board of supervisors.
(b) One member of each city council appointed individually by the city councils of the Cities of Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Poway, and Santee.
(c) Four members of the City Council of the City of San Diego, one of whom shall be the mayor, and two members of the City Council of the City of Chula Vista, one of whom shall be the mayor, each appointed by their respective city council.
(d) The chairperson of the board shall be selected by a two-thirds vote of the board, a quorum being present. The chairperson shall serve for a term of two years, except that he or she is subject to removal at any time by a two-thirds vote of the board, a quorum being present.
(Amended by Stats. 2017, Ch. 658, Sec. 1. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 2 - Creation of Boards › Section 120051.

120051. The member of the board of supervisors appointed pursuant to subdivision (a) of Section 120050.2 shall represent one of the two supervisorial districts with the greatest percentage of its area within the incorporated area of the County of San Diego within the area under the jurisdiction of the transit development board as defined in Section 120054.
(Amended by Stats. 2003, Ch. 594, Sec. 4. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 2 - Creation of Boards › Section 120051.6.

120051.6. The alternate members of the board shall be appointed as follows:
(a) The County of San Diego Board of Supervisors shall appoint a county supervisor, not already appointed under Section 120051, who represents one of the two supervisorial districts with the greatest percentage of its area within the incorporated area of the County of San Diego within the area under the jurisdiction of the transit development board as defined in Section 120054, to serve as an alternate member of the transit development board.
(b) The city councils of the cities specified in subdivision (b) or (c) of Section 120050.2 shall each individually appoint a member of their respective city councils not already appointed pursuant to subdivision (b) or (c) of Section 120050.2 to serve as an alternate member of the transit development board for each member of the city on the board.
(c) At its discretion, a city council or the county board of supervisors may appoint a second alternate member, in the same manner as first alternates are appointed, to serve on the board in the event that neither a member nor the alternate member is able to attend a meeting of the board.
(d) An alternate member and second alternate member shall be subject to the same restrictions and shall have the same powers, when serving on the board, as a member.
(Amended by Stats. 2017, Ch. 658, Sec. 4. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 2 - Creation of Boards › Section 120054.

120054. The area of the board shall consist of all of the following:
(a) The Cities of Chula Vista, Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Poway, San Diego, and Santee.
(b) All of the unincorporated area of the County of San Diego, except as otherwise included within the North San Diego County Transit Development Board in Section 125052.
(c) All the unincorporated area of the County of San Diego surrounded by the cities specified in subdivisions (a) and (b).
(Amended by Stats. 2003, Ch. 594, Sec. 7. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 3 - Administration › Section 120100.

120100. The board at its first meeting, and thereafter annually at the first meeting in January, shall elect a vice chair who shall preside in the absence of the chair. In the event of the absence or inability to act by the chair or vice chair, the chair pro tempore shall preside.
(Amended by Stats. 2005, Ch. 557, Sec. 3. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 3 - Administration › Section 120102.5.

120102.5. (a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of the majority of the members of the board present. However, after a vote of the members is taken, a weighted vote may be called by the members of any two jurisdictions.
(b) In the case of a weighted vote, the County of San Diego and each city shall, in total, exercise 100 votes to be apportioned annually based on population, except in the case of the City of San Diego. Each of the four representatives of the City of San Diego shall exercise 12
1
/
2
weighted votes, for a total of 50 votes. The representatives for the City of Chula Vista shall split the votes allocated to that city evenly among its representatives.
(c) Approval under the weighted vote procedure requires the vote of the representatives of not less than three jurisdictions representing not less than 51 percent of the total weighted vote to supersede the original action of the board.
(d) If a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote.
(e) For purposes of subdivision (b), the population of the County of San Diego is the population in the unincorporated area of the county within the area of jurisdiction of the transit development board pursuant to Section 120054.
(f) The board shall adopt a policy and procedure to implement this section.
(Amended by Stats. 2018, Ch. 92, Sec. 181. (SB 1289) Effective January 1, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 3 - Administration › Section 120104.

120104. All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code).
(Added by Stats. 1975, Ch. 294.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 3 - Administration › Section 120105.

120105. The board shall perform the following duties:
(a) Determine whether to operate exclusive public mass transit guideways or to let contracts for their operation in conformity with state labor laws and subdivision (d) of Section 120508.
(b) Determine the means to finance the operation of public mass transit guideways.
(c) Adopt an annual budget and fix the compensation of its officers and employees.
(d) Adopt an administrative code, by ordinance, that shall prescribe the powers and duties of board officers, the method of appointment of board employees, and methods, procedures, and systems of operation and management of the board. The administrative code shall also provide for, among other things, the appointment of a general manager or chief executive officer, and the organization of the employees of the board into units for finance and administration, planning and operations, property acquisition and management, and community relations, and other units as the board deems necessary.
(e) Cause a postaudit of the financial transactions and records of the board to be made at least annually by a certified public accountant.
(f) Adopt all ordinances and make all rules and regulations proper or necessary to regulate the use, operation, and maintenance of its property and facilities, including its public transit systems and related transportation facilities and services operating within its area of jurisdiction, and to carry into effect the powers granted to the board.
(g) Appoint such advisory commissions as it deems necessary.
(h) Do any and all things necessary to carry out the purposes of this division.
(Amended by Stats. 2005, Ch. 557, Sec. 4. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 3 - Administration › Section 120105.5.

120105.5. The board shall appoint a general manager or chief executive officer with experience in the management, planning, and development of urban mass transportation systems.
(Amended by Stats. 2004, Ch. 615, Sec. 11. Effective January 1, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 3 - Administration › Section 120106.

120106. Notice of time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than the 15th day prior to the date of the hearing.
The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing.
(Added by Stats. 1975, Ch. 294.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 3 - Administration › Section 120107.

120107. (a) Each member of the board, including alternate members appointed pursuant to Section 120051.6 when serving in the absence of a regular member, shall be compensated for each day the member attends meetings of the board and committees of the board, not to exceed six committee meetings in any one quarter, and for his or her necessary and reasonable expenses in performing his or her duties as a board member.
(b) In addition, the board may, by resolution, authorize and designate members and alternates to be compensated for representing the board by attendance at specified meetings of other governmental entities and public agencies.
(c) The board shall, by ordinance, after a public hearing, fix the amounts of compensation payable pursuant to subdivisions (a) and (b).
(Amended by Stats. 1987, Ch. 142, Sec. 1.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 3 - Administration › Section 120108.

120108. The board shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles as adopted by the Government Accounting Standards Board (GASB) of the Financial Accounting Foundation for both public reporting purposes and for reporting of activities to the Controller. The activities of any nonprofit corporation or other legal entity wholly owned or controlled by the board and operating a public transit system shall be reported separately in the board’s annual report to the Controller.
(Added by Stats. 1986, Ch. 864, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 3 - Administration › Section 120109.

120109. (a) The clerk of the board shall cause a proposed ordinance or proposed amendment to an ordinance, and any ordinance adopted by the board, to be published at least once, in a newspaper of general circulation published and circulated in the board’s area of jurisdiction.
(b) The publication of an ordinance, as required by subdivision (a), may be satisfied by either of the following actions:
(1) The board may publish a summary of a proposed ordinance or proposed amendment to an ordinance. The summary shall be prepared by a person designated by the board. The summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the office of the clerk of the board at least five days prior to the board meeting at which the proposed ordinance or amendment is to be adopted. Within 15 days after adoption of the ordinance or amendment, the board shall publish a summary of the ordinance or amendment with the names of those board members voting for and against the ordinance or amendment and the clerk shall post in the office of the clerk a certified copy of the full text of the adopted ordinance or amendment along with the names of those board members voting for and against the ordinance or amendment.
(2) If the person designated by the board determines that it is not feasible to prepare a fair and adequate summary of the proposed ordinance or amendment, and if the board so orders, a display advertisement of at least one-quarter of a page in a newspaper of general circulation in the board’s area of jurisdiction shall be published at least five days prior to the board meeting at which the proposed ordinance or amendment is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display advertisement of at least one-quarter of a page shall be published. The advertisement shall indicate the general nature of, and provide information regarding, the adopted ordinance or amendment, including information sufficient to enable the public to obtain copies of the complete text of the ordinance or amendment, and the names of those board members voting for and against the ordinance or amendment.
(Added by Stats. 1990, Ch. 1397, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 1 - Corporate Powers › Section 120201.

120201. The board may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(Added by Stats. 1975, Ch. 294.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 1 - Corporate Powers › Section 120202.

120202. (a) All of the privileges, immunities from liability, and exemptions from laws, ordinances, and rules, and all pension, relief, disability, workers’ compensation, and other benefits that apply to the activity of officers, agents, or employees of a public agency when performing their respective functions shall apply to employees of the board, and to any nonprofit public benefit corporation of which the board is the sole member.
(b) All claims for money or damages against the board or its employees, and against any nonprofit public benefit corporation of which the board is the sole member or the employees of that corporation, shall be governed by Part 1 (commencing with Section 810), Part 2 (commencing with Section 814), Part 3 (commencing with Section 900), and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code applicable to public agencies and their employees, or by other statutes or regulations expressly applicable thereto.
(Repealed and added by Stats. 2005, Ch. 557, Sec. 6. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120220.

120220. The board may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, without limiting the generality of the foregoing, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this division.
(Amended by Stats. 2005, Ch. 557, Sec. 7. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120220.5.

120220.5. The board may provide and maintain by contract with a public agency or by other means, a security force to enforce its regulations, to preserve and protect any public transit system or project financed pursuant to this division, and to preserve and protect the public peace, health, and safety with respect to its system or projects. Alternatively, the board may contract with a private patrol operator licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, with the county sheriff and municipal police departments within the areas described in Section 120054, and with other transit development boards for security, police, and related services.
(Added by Stats. 2005, Ch. 557, Sec. 8. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120221.

120221. The board may contract with any department or agency of the United States of America, with any public agency, or with any person upon such terms and conditions as the board finds is in its best interest.
(Added by Stats. 1975, Ch. 294.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120221.5.

120221.5. The board shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the board 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 board has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the board 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 board 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. 6. (AB 805) Effective January 1, 2018.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120223.

120223. (a) If, after rejecting bids received under Section 120222, the board determines and declares by a two-thirds vote of all of its members that, in its opinion, the supplies, equipment, or materials may be purchased at a lower price in the open market, the board may proceed to purchase these supplies, equipment, or materials in the open market without further observance of the provisions regarding contracts, bids, or advertisements.
(b) If, after solicitation of bids under Section 120222, the board determines and declares by a majority vote that it has not received a responsive bid, the board may proceed to purchase the supplies, equipment, or materials in the open market without further observance of the provisions regarding contracts, bids, or advertisements.
(Amended by Stats. 1982, Ch. 1313, Sec. 5.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120224.1.

120224.1. (a) Upon determining that immediate remedial measures to avert or alleviate damage to, or to repair or restore damaged or destroyed property of, the board are necessary in order to insure that the facilities of the board are available to serve the transportation needs of the general public or to comply with any state or federal regulation with respect to the operation of public transportation services, and upon determining that available remedial measures, including procurement in compliance with Sections 120222, and 120223, are inadequate, the general manager or chief executive officer may authorize the expenditure of money previously appropriated by the board specifically for the direct purchases of goods and services, without observance of the provisions of those sections.
(b) The general manager or chief executive officer, after the expenditure authorized under subdivision (a) has been made, shall submit to the board a full report explaining the necessity for that action.
(Amended by Stats. 2005, Ch. 557, Sec. 11. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120224.2.

120224.2. Notwithstanding Section 120222 and upon a finding by two-thirds of all members of the board that a purchase in compliance with Sections 120222 and 120223 does not constitute a method of procurement adequate for the operation of board facilities or equipment, the board may direct the procurement of prototype equipment or modifications in an amount sufficient to conduct and evaluate operational testing without further observance of any provisions requiring contracts, bids, or advertisements.
(Added by Stats. 1982, Ch. 1313, Sec. 8.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120224.3.

120224.3. Notwithstanding Section 120222, the board may direct the purchase of any supply, equipment, or materials without observance of any provision requiring contracts, bids, or advertisements upon a finding by two-thirds of all members of the board that there is only a single source of procurement therefor and that the purchase is for the sole purpose of duplicating, repairing, or replacing supply, equipment, or materials that are in use, including upgrades or migrations of proprietary intellectual property.
(Amended by Stats. 2005, Ch. 557, Sec. 12. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120224.4.

120224.4. (a) A person who submits, or who plans to submit, a proposal in response to a procurement solicitation may protest any acquisition conducted in accordance with Sections 120222 and 120223 as follows:
(1) Protests based on the content of the procurement solicitation shall be filed with the board within 10 calendar days after the procurement solicitation is first advertised. The general manager or the chief executive officer, or the designee of the general manager or chief executive officer, shall issue a written decision on the protest prior to opening of the procurement solicitation. A protest may be renewed by refiling the protest with the board within 15 calendar days after the mailing of the notice of the intent to award.
(2) Any bidder may protest the intent to award on any ground not based upon the content of the procurement solicitation by filing a protest with the board within 15 calendar days after the mailing of the notice of the intent to award.
(3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protestors shall have an opportunity to appear and be heard before the board prior to the opening of the procurement solicitation in the case of protests based on the content of the procurement solicitation, or prior to final award in the case of protests based on other grounds or the renewal of protests based on the content of the procurement solicitation.
(b) The decision of the protest by the board shall be in writing and constitutes a final administrative decision for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure.
(Amended by Stats. 2005, Ch. 557, Sec. 13. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120225.

120225. The board may insure against any accident or destruction of the system or any part thereof. The board may also provide insurance as provided in Part 6 (commencing with Section 989), Division 3.6, Title 1 of the Government Code.
(Added by Stats. 1975, Ch. 294.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 2 - Contracts › Section 120227.

120227. The board and the Board of Administration of the Public Employees’ Retirement System shall enter into a contract, and the board shall make all of its officers and employees members of the system, except as follows:
(a) Members of the board.
(b) Officers and employees excluded pursuant to Section 20492 of the Government Code.
(Amended by Stats. 1978, Ch. 577.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 3 - Property › Section 120240.

120240. The board may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property necessary to the full or convenient exercise of its powers.
(Amended by Stats. 1978, Ch. 577.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 3 - Property › Section 120241.

120241. Whenever a portion of a parcel of real property is to be taken for board purposes and the remainder is to be left in such state or condition as to be of little value to its owner, or to give rise to claims or litigation concerning severance or other damage, the board may acquire the whole parcel and may sell the excess portion or exchange it for other property suitable for board purposes.
(Added by Stats. 1975, Ch. 294.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 3 - Property › Section 120242.

120242. The board shall have or exercise the right of eminent domain in the manner provided by law for the condemnation of private property for public use. The board may take any property necessary or convenient to the exercise of the powers granted in this division, whether the property is already devoted to the same use or otherwise. In the proceedings, venue, and trial relative to the exercise of the right, the board has all the rights, powers, and privileges of an incorporated city and all rights, powers, and privileges conferred in this division. The board shall proceed in the name of the board in condemnation proceedings. The board, in exercising such power, shall, in addition to the damages for the taking, injury, or destruction of property, also pay the cost, exclusive of betterment and with credit for salvage value, of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public agency or utility which is required to be moved to a new location. If property is condemned by the board, the board may take possession and use the property in accordance with the provisions of Section 1243.5 of the Code of Civil Procedure.
(Added by Stats. 1975, Ch. 294.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 3 - Property › Section 120243.

120243. The Public Utilities Commission of the state shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property of a public utility in eminent domain proceedings brought by the board. No taking or acquisition by the board which would involve the abandonment, removal, relocation, or use of the property of a railroad corporation, as defined in Section 230, shall be permitted, unless the Public Utilities Commission, after a hearing, shall find and determine that the public interest and necessity require the abandonment, removal, relocation, or use of such property and that such taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service. The board may commence and maintain such eminent domain proceedings in the Public Utilities Commission or the superior court at its option.
(Added by Stats. 1975, Ch. 294.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 3 - Property › Section 120244.

120244. The board is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to any public agency to construct or maintain roads, highways, or other crossings over any public or private lands.
(Added by Stats. 1975, Ch. 294.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 4 - Facilities and Services › Section 120260.

120260. The board shall provide input to the San Diego Association of Governments on the planning and construction of exclusive public mass transit guideways in the area under its jurisdiction in conformance with the California Transportation Plan and the regional transportation plan developed pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7 of the Government Code.
(Amended by Stats. 2015, Ch. 303, Sec. 447. (AB 731) Effective January 1, 2016.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 4 - Facilities and Services › Section 120261.

120261. Subject to Section 120260, if the board determines that there is a countywide agency capable of operating exclusive public mass transit guideways, the board shall contract with that agency for such operation.
(Added by Stats. 1975, Ch. 294.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 4 - Facilities and Services › Section 120263.

120263. Priority for guideway development shall be given to meeting the transportation needs of areawide corridors of travel. If the transit development board determines that a guideway system intended solely for an activity center is appropriate, the approval of the California Transportation Commission is necessary prior to the use of funds allocated from the State Highway Account in the State Transportation Fund for the guideway system.
(Amended by Stats. 1984, Ch. 1124, Sec. 11.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 4 - Facilities and Services › Section 120264.

120264. The transit development board may acquire, construct, maintain, and operate (or let a contract in conformity with state labor laws and subdivision (d) of Section 120508 to operate) public transit systems and related transportation facilities and services as it deems necessary to carry out the purposes of this division in conformity with, and to the extent provided in, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7). The various systems, facilities, and services may be administered by the transit development board under the name of the San Diego Metropolitan Transit System.
(Amended by Stats. 2005, Ch. 557, Sec. 16. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 4 - Facilities and Services › Section 120266.

120266. (a) The board may enter into contracts with any city in the County of San Diego and with the County of San Diego to license or regulate by ordinance any for-hire vehicle services rendered wholly within the city’s corporate limits or within the unincorporated area of the county.
(b) The board shall levy the fees necessary to recover the full cost of licensing and regulating these services.
(c) For purposes of this section, “for-hire vehicle services” means vehicles, other than public transportation vehicles, transporting passengers over public streets for compensation, which includes taxicabs, passenger jitney service, low-speed vehicles, nonemergency medical vehicles to the extent that the commission does not have regulatory authority, charters, and sightseeing vehicles. The term “for-hire vehicle services” does not include any public transportation services operated by the North County Transit District established pursuant to Division 11.5 (commencing with Section 125000).
(Amended by Stats. 2021, Ch. 89, Sec. 1. (AB 302) Effective January 1, 2022.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 4 - Facilities and Services › Section 120267.

120267. (a) The board may, by ordinance, regulate vehicle safety and driver qualifications for passenger jitney service operating between cities in the County of San Diego and between a city in the County of San Diego and unincorporated portions of the County of San Diego.
(b) The board shall levy the fees necessary to recover the full cost of regulating these services.
(c) For purposes of this section, the term “passenger jitney service” includes every corporation or person engaged as a common carrier, for compensation, in the ownership, control, operation, or management of a passenger transportation service by motor vehicles of not more than 15-passenger capacity, excluding the driver, that operates between fixed termini and over a regular route and generally on short nonscheduled headways.
(Amended by Stats. 2021, Ch. 89, Sec. 2. (AB 302) Effective January 1, 2022.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 4 - Facilities and Services › Section 120268.

120268. The board may enter into cooperative agreements with cities within its area of jurisdiction and with the County of San Diego to establish uniform policies and regulations governing the use of bus passenger loading zones and establishing responsibility and standards for the maintenance of bus loading zones and any associated improvements.
(Added by Stats. 1991, Ch. 222, Sec. 3.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 4 - Facilities and Services › Section 120269.

120269. (a) If the board licenses or regulates any for-hire vehicle services, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, Section 1032.1 of this code, or Section 34520 of the Vehicle Code, and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b) The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code.
(c) Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
(Amended by Stats. 2021, Ch. 89, Sec. 3. (AB 302) Effective January 1, 2022.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 5 - Transportation Planning › Section 120300.

120300. The San Diego Association of Governments that includes the area of the board shall be responsible for long-term transportation system planning in that area.
The planning shall be directed to, among other things:
(a) Identification of corridors of travel.
(b) Definition of the transportation problems of each corridor.
(c) Definition of the transportation goals for each corridor.
(d) Definition of land use goals, with the concurrence of affected local jurisdiction, to be supported by transportation investment decisions in each corridor.
(e) Recommendation of priority corridors for guideway development.
(f) Recommendation of the mix of alternative transportation modes appropriate for deployment in light of transportation needs and goals for each corridor.
(g) Recommendation of environmental, economic, energy, and social policies that should guide transportation investment decision within corridors.
(Amended by Stats. 2005, Ch. 557, Sec. 17. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 5 - Transportation Planning › Section 120301.

120301. With respect to the area under its jurisdiction, the board shall be responsible for operational planning, which includes all planning and monitoring necessary for the operation, implementation, modification, and elimination of public transportation services operated by the board.
(Amended by Stats. 2005, Ch. 557, Sec. 18. Effective October 5, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 11 - TRANSIT DEVELOPMENT BOARDS › CHAPTER 4 - Powers and Functions › ARTICLE 5 - Transportation Planning › Section 120302.

120302. Notice of the time and place of the public hearing by the board shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than the 15th day prior to the date of the hearing.
The materials for the public hearing shall be available for public inspection at least 15 days prior to the hearing.
(Amended by Stats. 2005, Ch. 557, Sec. 19. 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 120350.

120350. The provisions of Article 6 (commencing with Section 120350) and Article 7 (commencing with Section 120400) shall be implemented in conformity with, and subject to, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7).
(Repealed and added by Stats. 2005, Ch. 557, Sec. 21. 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 120351.

120351. The designated recipient for purposes of Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the United States Code shall be the San Diego Association of Governments, and it shall be responsible for allocating federal transit funds to eligible recipients. The board shall prepare the program of projects for transit capital and operating assistance projects in its area of jurisdiction for receipt of federal funds. The San Diego Association of Governments shall allocate the funds to the board to fund its projects. If a dispute regarding the allocation of funds arises between the board and the North San Diego County Transit Development Board, the two boards shall negotiate in good faith to resolve the dispute. If the negotiation does not result in resolving the dispute prior to adoption of the annual regional transportation improvement program, the San Diego Association of Governments shall resolve the dispute and allocate the funds accordingly.
(Amended by Stats. 2005, Ch. 557, Sec. 22. 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 120352.

120352. The board may receive any money pursuant to Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the United States Code for mass transit purposes, and reallocate that money for those purposes in accordance with federal law and rules and regulations.
(Amended by Stats. 2005, Ch. 557, Sec. 23. Effective October 5, 2005.)