2005 California Government Code Sections 66540-66540.72 TITLE 7.10. SAN FRANCISCO BAY AREA WATER TRANSIT AUTHORITY

66540.  Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this title.
   (a) "Authority" means the San Francisco Bay Area Water Transit
Authority created by Section 66540.1.
   (b) "Board" means the board of directors of the authority.
   (c) A "public water transit operating agency" is any general
purpose local government or special district that operates or
sponsors water transit, including, but not limited to, those water
transit services provided under agreement with a private operator.
66540.1.  There is hereby created the San Francisco Bay Area Water
Transit Authority.
66540.2.  (a) The authority shall be governed by a board comprised
of eleven members as follows:
   (1) Eight of the members shall be appointed as follows:
   (A) Four members shall be appointed by the Governor.
   (B) Two members shall be appointed by the Senate Committee on
Rules.
   (C) Two members shall be appointed by the Assembly Committee on
Rules.
   (2) (A) Except as provided in subparagraph (B), three members
shall be members of the community advisory committee established
under Section 66540.14, and shall be selected by, and serve at the
pleasure of, that committee.
   (B) For the first eight-year term only, the governing board of any
public water transit operating agency that provided service prior to
June 30, 1999, that is not represented by one of the two locally
elected officials specified in paragraph (2) of subdivision (b) may
designate a person who is or will be its representative on the
community advisory committee to be a member of the board.  The person
designated under this subparagraph shall be appointed, immediately
upon designation, to not more than one eight-year term, concurrently,
on the board and the community advisory committee.
   (b) (1) From his or her appointees, the Governor shall designate
one member as the president of the board and one member as the vice
president of the board.
   (2) The six remaining members of the board appointed pursuant to
paragraph (1) of subdivision (a) shall consist of a representative
from the maritime industry, a representative from the transit
industry, a biological resource specialist, two locally elected
officials, and a representative from the public at large who is a
regular user of the water transit services of the authority.  For the
first eight-year term only, one of the locally elected officials
shall represent a public water transit operating agency that provided
service prior to June 30, 1999.
   (c) Each member of the board shall be a resident of a county in
the region described in Section 66502.
   (d) In making the appointments, the appointing authorities shall
make every effort to ensure that the board is geographically
balanced, but only to the extent consistent with the requirements of
this title.
   (e) Each member shall have one vote, except that the president of
the board shall have two votes if there is a tie vote and the member
representing the community advisory committee has not yet been
appointed as required under paragraph (2) of subdivision (a).
   (f) No local jurisdiction or public water transit operating agency
may have more than one representative on the board of the authority.
66540.4.  The initial terms of the appointed directors shall be
eight years.
66540.6.  Upon the expiration of the eight-year terms described in
Section 66540.4, two directors shall be appointed to serve until
February 1, 2010, two directors shall be appointed to serve until
February 1, 2011, and four directors shall be appointed to serve
until February 1, 2012.
66540.8.  (a) A director may be compensated at the rate of one
hundred dollars ($100) per day for performance of his or her duties.
The compensation authorized under this subdivision may not be for
more than five days in any month.
   (b) A director shall be compensated for his or her necessary,
actual expenses incurred in the discharge of his or her duties.
66540.10.  The board shall employ a chief executive officer who
shall have charge of administering the affairs and responsibilities
of the authority, subject to the policy direction of the board.  The
chief executive officer, subject to the approval of the board, shall
oversee the hiring of employees necessary to carry out the functions
of the authority.
66540.12.  The board shall employ a general counsel, responsible for
managing the legal affairs of the authority, and the board may
employ additional legal staff, contract for private legal counsel,
and contract with state agencies for legal services.
66540.14.  There shall be a community advisory committee, which
shall meet on a regular basis, and which shall include one member
representing each local jurisdiction in which a water transit
terminal exists or is proposed, and one member representing each
special district providing public water transit services.  Unless
appointed under subparagraph (B) of paragraph (2) of subdivision (a)
of Section 66540.2, one member shall be appointed by the city council
of each city in which a water transit terminal is located or is
proposed to be located, or by the county board of supervisors if the
terminal is located or is proposed to be located in an unincorporated
area, with one member appointed by the Golden Gate Bridge, Highway
and Transportation District.  The community advisory committee shall
appoint one of its members to the board.
66540.16.  (a) There shall be a technical advisory committee, which
shall meet on a regular basis, and which shall consist of members
representing local, regional, state, and federal agencies, operating
ground transportation agencies, and operating water transit services.
   (b) Additional members shall include at least one member who
represents each of the following interests:  fish and wildlife,
recreational boating, private environmental protection entities,
business, real estate development, architecture, urban planning,
private sector vessel operators, and organized labor, as well as the
public at large.
66540.18.  The board shall properly notice and conduct its meetings
in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code).
66540.20.  (a) On July 10, 2003, the authority adopted the San
Francisco Bay Area Water Transit Implementation and Operations Plan,
consistent with the requirements of this title.  The plan includes
all appropriate landside, vessel, and support elements, operational
and performance standards, and policies.  The authority shall update
the plan, as needed, subject to a public hearing.
   (b) (1) Consistent with the requirements of this title, the
authority certified the Final Programmatic Environmental Impact
Report analyzing the expansion of ferry transit service in the San
Francisco Bay area.  The authority prepared the Final Programmatic
Environmental Impact Report, adopted the Findings of Fact and
Statement of Overriding Considerations, and the Mitigation Monitoring
Plan in conformance with California Environmental Quality Act (CEQA)
guidelines.  An independent evaluation conducted by the Bay Area Air
Quality Management District required by this title was also
completed.
   (2) The authority shall be authorized to operate a comprehensive
San Francisco Bay area regional public water transit system
consistent with Section 66540.24.
   (c) The primary focus of the authority and the plan shall be to
provide new or expanded water transit services and related ground
transportation terminal access services that were not in operation as
of June 30, 1999.  The authority shall seek to cooperatively involve
in the implementation, planning, and operations all existing water
transit services and related ground transportation agencies in whose
jurisdictions existing or planned water transit terminals are
located.  The authority shall operate in good faith to avoid
negatively impacting water transit services and related ground
transportation terminal access services in existence as of June 30,
1999.  The authority may not request an allocation of any funds that
were available to the Metropolitan Transportation Commission for
allocation on June 30, 1999, including the revenues dedicated from
state-owned bridges to ferry services as of June 30, 1999, and
revenues derived continuously from sources in the amounts and manner
as specified in law in effect as of June 30, 1999, unless the request
is for service transferred to the authority for vessels in operation
as of January 1, 2003.
   (d) The authority may not operate water transit services that are
scheduled at the same time, from the same origin, and to the same
destination as publicly sponsored services, if those public services
were in operation as of June 30, 1999.  The authority shall provide
ferry services at only those terminals in which docking rights have
been obtained with the consent of the owner of those rights.
   (e) The authority shall negotiate in good faith, as described
below, with public sponsors of existing water transit services and
related ground transportation terminal access services to provide
services in the approved plan that would expand or augment existing
services in their service district, as defined by law, or in plans of
the Metropolitan Transportation Commission that existed and were in
effect as of June 30, 1999.  Good faith negotiations shall include
all of the following steps:
   (1) Notification by certified mail from the authority to the
public sponsor of existing water transit services or related ground
transportation terminal access services, hereafter referred to as the
notified agency, setting forth the specific services to be
negotiated, including performance standards and conditions and cost
reimbursement available according to the plan approved by the
Legislature.
   (2) A period of 30 days from receipt of the notification required
under paragraph (1) for the notified agency to declare in writing to
the authority by certified mail their intent to negotiate in good
faith.  If the notified agency does not so declare in writing to the
authority within 30 days, the notified agency shall be deemed not
interested in negotiating for the service and the authority may
announce a competitive bid process or take actions to directly
operate the service if the board of directors of the authority makes
a public finding that the action is in the public interest.
   (3) A period of 90 days from declaration of intent to negotiate by
the notified agency for the authority and notified agency to
negotiate in good faith to reach agreement.
   (4) The authority and notified agency, by mutual agreement, may
extend the period for good faith negotiations.
   (5) Notwithstanding the procedure described in subdivision (f), if
at the end of 90 days or the mutually agreed-upon extension period
for negotiations, the authority and the notified agency have not
reached agreement for operation of the service, the authority may
announce a competitive bid process.  The notified agency may
participate in that competitive bid process.
   (f) If at the conclusion of the good faith negotiations process
there is a dispute between the authority and the notified agency as
to the impact of proposed new services on existing services, the
matter shall be submitted to the Metropolitan Transportation
Commission for resolution pursuant to Section 66516.5 of the
Government Code.  The Metropolitan Transportation Commission shall
make a determination based on the demand model adopted by the
authority as to whether the proposed new service will have a minor or
major impact on services existing as of June 30, 1999.  A minor
impact means an impact that reasonably and potentially diverts less
than 15 percent of the passengers using services that were in
existence as of June 30, 1999.  A major impact means an impact that
reasonably and potentially diverts 15 percent or more of the
passengers using services that were in existence as of June 30, 1999.
  If the proposed new service will have a major impact, the authority
may not operate a water transit service in that location without
mutual agreement between the authority and the notified agency.  If
the proposed new service will have a minor impact, the authority may
initiate service according to the procedures contained in subdivision
(e).
66540.21.  (a) If the authority does not receive notification to
negotiate for water transit service proposed by the authority
pursuant to subdivision (e) of Section 66540.20, the authority shall
notify by certified mail a transit district that would provide bus
service to a terminal specified in the plan to also provide water
transit service at that terminal.  The authority shall set forth in
the notice the specific services to be provided, including
performance standards and conditions and cost reimbursement available
according to the plan and availability of funding.
   (b) The authority shall negotiate with the transit district
pursuant to the following steps:
   (1) Within 30 days of receiving the notice, the transit district
shall notify the authority by certified mail of its intent to
negotiate in good faith.  If the transit district does not respond by
certified mail within 30 days, the authority may announce a
competitive bid process or take action to directly operate the
service.
   (2) The transit district and the authority shall have 90 days to
conduct good faith negotiations.  The 90-day negotiating period shall
commence on the day that the authority receives the notification
from the transit district.  This 90-day period may be extended by
mutual agreement of the authority and the transit district.
   (3) The transit district's proposal shall be presented to the
authority's board of directors for consideration and the authority
may accept the proposal and authorize staff to prepare an agreement
for operation of services.
   (4) If the authority rejects the proposal, it shall make findings
stating the reasons why the proposal does not satisfy the conditions
set forth by the authority in the initial notification of proposed
water transit service.
   (5) If the authority rejects the proposal, the authority may
announce a competitive bid process, or take action to directly
operate the service.  The transit district may participate in the
competitive bid process.
   (c) For purposes of this section, "transit district" does not
include a transit district that is notified by the authority pursuant
to Section 66540.20 for the operation of water transit service.
66540.24.  The authority shall operate a comprehensive San Francisco
Bay area regional public water transit system, that includes water
transit terminals, feeder buses, and any other transport and
facilities supportive of the system.  The primary focus of the
authority shall be the provision of services through the development
and operation of a comprehensive water transit system.
66540.26.  (a) The authority shall plan for, coordinate, and effect
the delivery of feeder bus services that serve the water transit
terminals.  The plans shall be coordinated with local public transit
operators.
   (b) For the purposes of carrying out subdivision (a), the
authority may do all of the following:
   (1) Enter into agreements with public transit operators for the
provision of feeder transit services that offer direct linkages to
the water transit system.
   (2) Own rolling stock, and operate feeder bus lines and other
forms of feeder transportation, as needed, that offer direct linkages
to the water transit system.
   (3) Contract with public, private, nonprofit, and for-profit
franchisees for the purpose of providing feeder transportation
services that offer direct linkages to the water transit system.
   (4) Take any other actions necessary and proper to ensure that
feeder transportation services are provided.
66540.27.  The air emission standard for new vessels mandated in the
authority's plan shall exceed the federal Environmental Protection
Agency's air quality standards for Tier II 2007 marine engines by at
least 85 percent as recommended in the authority's programmatic
environmental review impact report.
66540.28.  The authority may accept, through purchase of fee,
conveyance of title, long-term lease, or other means deemed
appropriate, the vessels, terminals, maintenance and support
facilities, and other assets of public water transit providers.
66540.29.  The authority shall dedicate at least one new vessel,
subject to engine manufacturers' warranties, to employ biodiesel fuel
(B20) to assess the practical application of using renewable fuels.
If further funding becomes available for this application from
regional, state, or federal funding sources, the authority shall
consider increasing use of biodiesel fuel to demonstrate reduction in
greenhouse gas emissions.  The air emission standards set by the
authority pursuant to this title shall apply to the use of biodiesel
fuel.
66540.30.  The authority shall, in coordination with local public
agencies, construct, acquire, develop, jointly develop, own,
maintain, operate, and lease property and facilities which are
elements of the operations of the San Francisco Bay area water
transit service, including terminals, parking, maintenance and
administration facilities.
66540.32.  The authority may enter into agreements for the joint use
or joint development of any property rights, including air rights,
owned by the authority.
66540.34.  The authority shall set fares for travel on the water
transit system that it operates, and define and set other fares and
fees for services related to the water transit system without the
approval of the Public Utilities Commission.
66540.36.  The authority may acquire real or personal property,
through negotiation, purchase, lease, or gift.
66540.38.  The authority may exercise the power of eminent domain
within the region described in subdivision (b) of Section 66540.2,
except in areas of national park lands, to take any property
necessary, incidental, or convenient to carry out the purposes of the
authority.  In the event that the power of condemnation is
exercised, the authority shall duly notify the local jurisdiction in
which the property is sited and the special district that owns the
facility, and shall exercise the power of eminent domain only with
the formal consent of that jurisdiction.  Eminent domain can be
exercised only if the authority, the affected local jurisdiction, and
the special district each approves its use by a two-thirds vote.
66540.40.  The authority may acquire, own, lease, construct, and
operate water transit vessels and equipment, including, but not
limited to, real and personal property, and equipment, and any
facilities of the authority, except those facilities providing access
to units of the national park system.
66540.42.  The authority may select franchisees, which may be
private or public, for those operating elements of the water transit
system and related facilities of the authority.
66540.44.  The authority may enter into contracts with public,
private, and nonprofit entities for the provision of services and
materials necessary to carry out its purposes.
66540.46.  The authority shall prepare and implement annual
operating budgets for the operation of the San Francisco Bay area
water transit system, associated terminals, and related feeder
transit and support services.
66540.48.  The authority shall contract with an independent
certified public account for an annual audit of the financial records
and books of the authority.  The accountant shall submit a report of
the audit to the board and the board shall make copies of the report
available to the public.
66540.50.  The authority may apply for and receive grants from any
and all state and federal agencies.
66540.52.  The authority may solicit and accept gifts, fees, grants,
or allocations from other public and private entities.
66540.54.  The authority may sue and be sued.
66540.56.  The authority may issue revenue bonds.
66540.58.  The authority may incur bonded indebtedness and receive
and manage a dedicated revenue source.
66540.60.  The authority may deposit or invest any moneys of the
authority in banks or financial institutions in the state in
accordance with state law.
66540.62.  The authority shall prescribe a method of securing
employees, and shall adopt rules and regulations governing the
employment of employees including the establishment of a retirement
system.  If the authority determines that it is in the best interests
of the employees of the authority, the authority may enter into a
contract with the Public Employees' Retirement System.
66540.64.  The authority may create, oversee, and terminate special
advisory committees.
66540.68.  The authority is subject to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) and the National Environmental Policy Act of
1969 (42 U.S.C.  Sec. 4321 et seq.).
66540.70.  The authority shall not exercise the power to levy any
tax or to seek that authority for any purposes.
66540.72.  The authority shall be funded from funds derived from
proposed increases in tolls on state-owned toll bridges in the bay
area pursuant to the expenditure plan approved by the Legislature in
Senate Bill No. 916.  The authority shall not be an eligible claimant
for local transportation funds or state transportation assistance
funds pursuant to the Transportation Development Act (Chapter 4
(commencing with Section 99200) of Part 11 of Division 10 of the
Public Utilities Code).