2007 California Public Utilities Code Chapter 3. Miscellaneous

CA Codes (puc:99150-99170)

99150.  In locating its bus stops, park and ride service facilities,
and special service terminal points and stations, a transit district
shall consult with, and consider the recommendations of, the city if
such transit facilities are to be located therein, or the county if
such transit facilities are to be located in the unincorporated area
thereof, on the proposed locations.
   The city or county, as the case may be, in making its
recommendations to the transit district on the proposed location of
any such transit facilities, shall consider whether the proposed
location is consistent with the circulation element of its general
plan.



99151.  Any transit district whose area is served by the Southern
Pacific Transportation Company line from the City of San Jose to the
City and County of San Francisco may make a bulk purchase of
passenger tickets for that line from the company, or from the
Greyhound Bus Lines for transportation services within the area, or
from both, for resale at less than the cost to the transit district
to residents of the transit district.
   The governing body of the transit district shall determine the
resale price of tickets purchased by it.



99152.  Any public transit guideway planned, acquired, or
constructed, on or after January 1, 1979, is subject to regulations
of the Public Utilities Commission relating to safety appliances and
procedures.
   The commission shall inspect all work done on those guideways and
may make further additions or changes necessary for the purpose of
safety to employees and the general public.
   The commission shall develop an oversight program employing safety
planning criteria, guidelines, safety standards, and safety
procedures to be met by operators in the design, construction, and
operation of those guideways.  Existing industry standards shall be
used where applicable.
   The commission shall enforce the provisions of this section.




99153.  Any transit district or operator may adopt uniform standards
to rate bidders, on the basis of questionnaires and required
statements, with respect to contracts for railroad rolling stock upon
which each bidder is qualified to bid.  Notwithstanding any other
provision of law, the district or operator may limit bidding and
award of contracts for railroad rolling stock to the bidders the
district or operator has determined are qualified to bid.  However,
the district or operator shall qualify at least two persons or
entities for bidding on the contracts.



99154.  Any transit district or operator may require from
prospective bidders for any contract answers to questions contained
in a standard questionnaire and financial statement, including a
complete statement of the prospective bidder's financial ability and
experience in performing public contracts.  When completed, the
questionnaire and financial statement shall be verified under oath by
the bidder in the manner in which pleadings are verified in civil
actions.
   The questionnaires and financial statements are not public records
and shall not be open to public inspection.



99155.  (a) Each transit operator, whether publicly or privately
funded all or in part, nonprofit or profit, which offers reduced
fares to senior citizens shall honor the federal Medicare
identification card as sufficient identification to receive reduced
fares.  A transit operator which offers reduced fares to those senior
citizens who are less than 65 years old shall also honor the senior
citizen identification card issued pursuant to subdivision (b) of
Section 13000 of the Vehicle Code.
   (b) Each transit operator, whether publicly or privately funded,
in whole or in part, nonprofit or for profit, which offers reduced
fares pursuant to subdivision (a) shall also offer reduced fares to
handicapped persons, as defined by Section 99206.5, disabled persons,
as defined by Section 295.5 of the Vehicle Code, and disabled
veterans, as defined by Section 295.7 of the Vehicle Code, at the
same rate established for senior citizens.  A transit operator shall
honor the handicapped person, disabled person, or disabled veteran
placard identification card issued pursuant to Section 22511.55 of
the Vehicle Code.
   (c) Every transit operator that offers reduced fares to
handicapped or disabled persons shall honor any current
identification card that is valid for the type of transportation
service or discount requested and that has been issued to an
individual with a handicap or disability by another transit operator.

   (d) This section also applies to any dial-a-ride, paratransit, or
nonfixed route operator which serves the handicapped or disabled, but
does not apply to a private, nonprofit entity which serves the
handicapped, disabled, or elderly.
   (e) Nothing in this section prohibits a transit operator from
issuing its own identification card, except that no such card shall
be required to be presented in addition to either a federal Medicare
card or a card issued pursuant to Section 22511.55 of the Vehicle
Code.
   (f) A transit operator, as defined in subdivision (b), which
receives funds pursuant to the Mills-Alquist-Deddeh Act (Chapter 4
(commencing with Section 99200)),  shall not require that a person
requesting transportation be a resident of that transit operator's
service area.


99155.1.  (a) There shall be close coordination between local
transit providers and county welfare departments in order to ensure
that transportation moneys available for purposes of assisting
recipients of aid under Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code are
expended efficiently for the benefit of that population.
   (1) In areas where public transit service is available, local
transit providers shall give priority, in the use of funds allocated
under the CalWORKs program and made available by the county, to the
enhancement of public transportation services for welfare-to-work
purposes.
   (2) In areas where public transit services are unavailable, local
transit providers shall give priority, in the use of funds allocated
under the CalWORKs program and made available by the county, to the
enhancement of transportation alternatives, such as, but not limited
to, subsidies or vouchers, van pools, and contract paratransit
operations, in order to promote welfare-to-work purposes.
   (b) In areas where public transit service is available, local
transit providers shall consider giving priority in the use of
transit funds to the enhancement of public transportation services
for welfare-to-work purposes.



99155.5.  (a) The Legislature intends that dial-a-ride and
paratransit services be accessible to handicapped persons, as defined
in Section 99206.5.  It is intended that transportation service be
provided for employment, education, medical, and personal reasons.
Transportation for individuals with disabilities is a necessity, and
allows these persons to fully participate in our society.
   The Legislature finds and declares that the term "paratransit," as
used in the Americans with Disabilities Act of 1990 (Public Law
101-336), refers to transportation services with specific criteria of
quality and quantity, and which are required to be made available to
limited classes of persons based on eligibility categories; this is
often referred to as "ADA paratransit" or "complementary paratransit."
  The Legislature finds and declares that the terms "paratransit" and
"dial-a-ride," as used in the laws of this state, apply to a broader
range of transportation services and that not all individuals with
disabilities under the laws of this state are eligible for "ADA
paratransit" under the federal law.
   (b) Each transit operator, profit or nonprofit, which provides, or
contracts for the provision of, dial-a-ride or paratransit service
for individuals with disabilities and which receives public funding
pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with
Section 99200)) for that service shall provide the service without
regard to either of the following:
   (1) Whether the person is a member of a household which owns a
motor vehicle.
   (2) The place of residence of the person who requests
transportation service within the service area of the provider.  To
the extent that they are eligible for the specified service
requested, all persons requesting transportation service in the
service area of the provider shall be provided service on the same
terms and at the same price that service is provided to other persons
residing within the service area of the provider.
   (c) Subdivision (b) does not preclude a provider from offering a
subscription service, and does not require a reduction in the amount
the provider charges other public or private agencies.
   (d) Except as required by the Americans with Disabilities Act of
1990 (Public Law 101-336) and federal regulations adopted pursuant
thereto or by higher standards prescribed by the laws of this state,
nothing in this section requires any transit operator which provides
service to individuals with disabilities in a manner consistent with
subdivision (b) to make those services available outside the operator'
s established operating service area, or requires the operator to
make the presentation of identification a condition to using the
service.
   (e) A transit operator shall honor any current identification card
which is valid for the type of transportation service or discount
requested and which has been issued to an individual with
disabilities by another transit operator.
   (f) Any person who believes an operator has violated Section 99155
or 99155.5 may file a report of the alleged violation with the
transportation planning agency or county transportation commission.
Any individual with disabilities may request the Attorney General to
resolve any dispute as to compliance with Section 99155 or this
section.


99156.  Notwithstanding any other provision of law, a transit
district may provide compensation to a member of the governing board
of the district only for attendance at a meeting of the board or for
each day the member is engaged in other district business within or
without the district.  A member who engages in district business
other than attendance at board meetings shall first obtain
authorization of the board for reimbursement of travel expenses or
other compensation before engaging in that business and shall submit
a report thereof to the board for all expenditures.



99157.  Notwithstanding any other provision of law, a transit
district may not provide any life, accident, or health insurance plan
to any member or former member of the governing board of the
district who first served as a member of the governing board after
January 1, 1989, that exceeds the benefits provided to full-time
active or retired district employees.  The terms, conditions, or
contributions applicable to any plan provided for employees shall
also apply to any plan provided for those members of the governing
board.


99158.  Notwithstanding any other provision of law, a transit
district may not establish or contribute to a pension or retirement
benefits plan or purchase an annunity for any member of its governing
board  who first served as a member of the governing board after
January 1, 1989.  This section does not apply to a deferred
compensation plan described in Section 53213 of the Government Code.



99159.  (a) Any retirement system established or maintained pursuant
to this division for employees of a transit district who are members
of a unit appropriate for collective bargaining shall be maintained
pursuant to a collective bargaining agreement and this section.
   (b) Notwithstanding any other provision of this division, the
retirement system and the funds of the system shall be managed and
administered by a retirement board composed of equal representation
of labor and management.  Any deadlock among the members of the board
with respect to that management and administration shall be resolved
in the manner specified in Section 302 of the federal Labor
Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)).
   (c) The duties and responsibilities of the retirement board shall
be executed in accordance with Section 17 of Article XVI of the
California Constitution.
   (d) This section does not apply to any public transit district
that has, pursuant to a collective bargaining agreement, provided
membership for the district's represented employees in the Public
Employees' Retirement System, a retirement system established
pursuant to the County Employees Retirement Law of 1937, or a pension
trust subject to the Employee Retirement Income Security Act of 1974
(29 U.S.C. Sec. 1001 et seq.) or any transit district where the
membership of the governing board of the transit district is directly
elected by the voters.



99160.  Any public entity which plans the development of, or which
operates, a rail transit system, shall, with respect to any current
or future rail transit system, (a) develop motor vehicle parking
facilities to serve the system's passengers at stations planned to be
park and ride facilities, and (b) expand private enterprise
participation in the development of air space and publicly owned
assets to provide those parking facilities.



99161.  (a) Space at a publicly owned transportation facility may be
leased by competitive bid, taking into consideration affordability
and quality of care, to a child care operator who has obtained
licensure as required by Section 1596.80 of the Health and Safety
Code.  Priority for child care services provided by the center shall
be given to the children of public agency employees who work at the
transportation facility and children of users of the transportation
facility.
   (b) No state funds shall be provided to any child care operator
pursuant to this section unless all of the following conditions are
met:
   (1) The child care facility is open to children without regard to
any child's religious beliefs or any other factor related to
religion.
   (2) No religious instruction is included in the child care
program.
   (3) The space in which the child care program is operated is not
utilized in any manner to foster religion during the time it is used
for child care.
   (c) The Legislature finds and declares that the use of publicly
owned transportation facilities for the purpose of furnishing child
care services for the benefit of persons using public transit is in
the public interest and serves a public purpose.



99162.  Notwithstanding any other provision of law, one or more
local agencies listed in subdivision (i) of Section 99602 may
undertake a study or a joint study concerning the feasibility of
extending the commuter rail or intercity rail service described in
subdivision (c) of Section 99622 beyond the City of Davis to the City
of Dixon.



99163.  On and after January 1, 2005, whenever a transit operator
improves or replaces a ticket vending machine at a public transit
station to include video instructions, the transit operator shall
also equip the ticket vending machine with audio instructions that
will enable visually impaired persons to follow the visual prompts.
State funds made available to the operator through the State
Transportation Assistance Program under Section 99312 shall be
available for the purposes of this section.



99164.  (a) When installing new security systems, a transit agency
operated by an operator as defined in Section 99210 shall only
purchase and install equipment capable of storing recorded images for
at least one year, unless all of the following conditions apply:
   (1) The transit agency has made a diligent effort to identify a
security system that is capable of storing recorded data for one
year.
   (2) The transit agency determines that the technology to store
recorded data in an economically and technologically feasible manner
for one year is not available.
   (3) The transit agency purchases and installs the best available
technology with respect to storage capacity that is both economically
and technologically feasible at that time.
   (b) Notwithstanding any other provision of law, videotapes or
recordings made by security systems operated as part of a public
transit system shall be retained for one year, unless one of the
following conditions applies:
   (1) The videotapes or recordings are evidence in any claim filed
or any pending litigation, in which case the videotapes or recordings
shall be preserved until the claim or the pending litigation is
resolved.
   (2) The videotapes or recordings recorded an event that was or is
the subject of an incident report, in which case the videotapes or
recordings shall be preserved until the incident is resolved.
   (3) The transit agency utilizes a security system that was
purchased or installed prior to January 1, 2004, or that meets the
requirements of subdivision (a), in which case the videotapes or
recordings shall be preserved for as long as the installed technology
allows.


99165.  (a) For purposes of this section, "environmental and public
health impacts" means those impacts that affect the health and
environment of persons living, working, and attending school in the
vicinity of a bus fueling station, including, but not limited to,
impacts associated with nuisance odors.
   (b) On or before July 1, 2003, the Omnitrans Joint Powers
Authority shall contract with an independent third party to prepare
and submit to the Legislature and the Governor a report on the
environmental and public health  impacts of transit bus fueling
stations located within the jurisdiction of the authority and owned
or operated by the authority.  In conducting the assessment, the
authority shall hold at least one noticed public hearing in the
vicinity of each bus fueling station for the purposes of soliciting
input from persons who may be affected by those impacts.  The
authority shall consult with the South Coast Air Quality Management
District and other appropriate federal, state, local agencies, and
community groups representing residents of the affected areas, in
conducting the assessment.
   (c) The Omnitrans Joint Powers Authority shall solely use state
funds allocated to it or its member agencies pursuant to the State
Transportation Assistance Program under Section 99313.3 in order to
comply with this section.


99170.  (a) No person shall do any of the following with respect to
the property, facilities, or vehicles of a transit district:
   (1) Operate, interfere with, enter into, or climb on or in, the
property, facilities, or vehicles owned or operated by the transit
district without the permission or approval of the transit district.

   (2) Interfere with the operator or operation of a transit vehicle,
or impede the safe boarding or alighting of passengers.
   (3) Extend any portion of the body through any window opening of a
transit vehicle in a manner that may cause harm or injury.
   (4) Throw any object from a transit vehicle.
   (5) Commit any act or engage in any behavior that may, with
reasonable foreseeability, cause harm or injury to any person or
property.
   (6) Violate a notice, prohibition, instruction, or direction on
any sign that is intended to provide for the safety and security of
transit passengers, or the safe and secure operation of the transit
system.
   (b) For purposes of this section, "transit district" means an
entity that qualifies as a claimant, as defined in Section 99203,
eligible to receive allocations under Chapter 4 (commencing with
Section 99200).
   (c) A violation of this section is an infraction under Section
19.8 of the Penal Code punishable by a fine not exceeding
seventy-five dollars (), and that a violation by a person after a
second conviction is punishable by a fine not exceeding two hundred
fifty dollars (0) or by community service that does not conflict
with the violator's hours of school attendance or employment for a
total time not to exceed 48 hours over a period not to exceed 60
days.
   (d) A transit district shall provide reasonable notification to
the public of the activities prohibited by this section and the
penalties for violations of those prohibitions.
   (e) This section does not prohibit any person from engaging in
activities that are protected under the laws of the United States or
of this state, including, but not limited to, picketing,
demonstrating, or distributing handbills.
   (f) Transit districts shall maintain records of violations and the
number of citations issued with respect to the actions prohibited
under this section until January 1, 2005.  The transit districts
shall prepare a summary report of these actions and related findings
with respect to the implementation and operation of this section and
shall submit the report to the Legislature on or before January 1,
2006.
   (g) No revenue from fines imposed pursuant to subdivision (c)
shall be distributed or allocated to the transit agency issuing
citations under this section.  Fine revenue instead shall be
allocated to the other entities eligible to receive those funds under
existing law.