2007 California Streets and Highways Code Article 5. San Francisco-oakland Rapid Transit Tube

CA Codes (shc:30771-30780)

30771.  As used in this article:
   (a) "District" means the San Francisco Bay Area Rapid Transit
District.
   (b) "Rapid transit tube" means a subaqueous tube across San
Francisco Bay between the City and County of San Francisco and the
County of Alameda, its approaches and fixed transit facilities,
including, but not limited to, ventilation towers and equipment,
tracks, and electrical distribution, control, lighting, and
communication systems for the accommodation of rail rapid transit.
The San Francisco terminus of the underwater portion of the rapid
transit tube shall be located westward of the shoreline of San
Francisco Bay as close thereto as may be reasonably practicable
between Howard and Jackson Streets in the City and County of San
Francisco.  The Alameda County terminus shall be the Southern Pacific
mole or as close thereto as may be reasonably practicable.
   (c) "Approaches" means all facilities between the terminus in
Alameda County and the first station thereafter in the county for the
discharge of passengers, and all facilities between the terminus in
the City and County of San Francisco and the easterly end of the
passenger platform of the Montgomery Street Station defined as
"approaches" in the agreement between the department and the
district, dated March 3, 1966.



30775.1.  On and after the date revenues are made available to the
district under Article 2 (commencing with Section 29140) of Chapter 7
of Part 2 of Division 10 of the Public Utilities Code and
notwithstanding any agreement between the district and the department
to the contrary, the district shall have sole control and
responsibility over all matters relating to the rapid transit tube,
including construction.  On and after the imposition of such
transactions and use tax, the department shall have no authority or
responsibility relative to the tube, including actions taken or
disbursements made by the district relative thereto whether made
heretofore or hereafter.  Upon completion and acceptance by the
district of all or any portion of the tube, and notwithstanding any
existing agreement between the district and the department, title to
any such portion shall immediately vest in the district, and the
state shall have no further obligation or responsibility therefor
except its obligations to aid in the financing of the rapid transit
tube as provided in this article.  Funds to be provided to the
district hereunder shall be furnished to the district by the
department in accordance with schedules furnished by the district to
the department from time to time showing the amounts reasonably
required by the district from time to time to meet its accruing
obligations for costs of the rapid transit tube and approaches.  Such
schedules shall be furnished monthly or at such other intervals as
the district and the department may agree upon.
   The department is authorized to retain in a fund established for
such purpose money to cover contingent liabilities including claims
arising out of the construction contracts.  The district may deposit
in such fund moneys derived from Article 2 (commencing with Section
29140) of Chapter 7 of Part 2 of Division 10 of the Public Utilities
Code or other moneys or credits available to the district.  The
amounts to be retained in such fund and disbursements from such fund
shall be at the direction of the department.  The department,
however, shall not retain a greater amount than is necessary to cover
anticipated claims by the contractor or moneys necessary to meet
estimated contingent liabilities.  In determining the amount of
claims and contingencies, the department shall, to the greatest
extent possible, base such amounts upon evaluation of the amount of
claims and contingent items prepared by the district.
   The department shall to the extent practicable invest moneys in
such fund in bonds and obligations eligible for investment of surplus
state money.  All moneys placed in such fund by the district which
are not derived from revenues of the San Francisco-Oakland Bay Bridge
Toll Revenue Fund shall be invested separately and any interest
thereon shall be credited to the district.  The department shall
return to the district any such moneys not necessary to cover claims
or contingencies.



30776.  All the provisions of the California Toll Bridge Authority
Act (Chapter 1 (commencing at Section 30000) of this division)
applicable to toll highway crossings shall apply to the activities of
the department and the authority in connection with the rapid
transit tube insofar as they are not inconsistent with the provisions
of this article.  The provisions of said act shall not apply to the
district and shall not require or permit the fixing of a toll by the
department or the authority for the use of the rapid transit tube.
The district shall have the sole and exclusive right to the use of
the rapid transit tube in the absence of an agreement between the
district and any other party for any use by such other party on
payment of appropriate compensation to the district.



30778.  (a) The annual tolls and revenues of the San
Francisco-Oakland Bay Bridge, or so much thereof as may be necessary,
after provision for the payment in full of all annual costs of
operation, insurance, and other expenses of the San Francisco-Oakland
Bay Bridge, and after payment or provision for payment in full of
all of the costs of any project involving the San Mateo-Hayward
Bridge, shall be pledged and used to finance and pay for the cost of
the construction of additional highway crossings across San Francisco
Bay as provided below, and for such other purposes as may be
authorized by law, including, but not limited to, payment of the
principal of, and interest and premiums, if any, on, and provision
for security of, the revenue bonds of the commission issued pursuant
to this article and the California Toll Bridge Authority Act (Chapter
1 (commencing with Section 30000)).
   (b) Bonds for the construction of additional highway crossings
across San Francisco Bay may be authorized and issued by the
commission.  In the event the commission shall be authorized to
refund any and all bonds issued for the construction of other toll
bridges or toll highway crossings of San Francisco Bay and the rivers
and streams tributary thereto in the Counties of Alameda, Contra
Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma and
the City and County of San Francisco, then and in that event the
commission is authorized to issue all of the bonds to be issued for
the additional highway crossings over San Francisco Bay and the
refunding bonds in a single authorization, and to pledge to the
payment of the principal of, and interest on, all of the bonds and
any provisions for the further security thereof, including reserve
fund or sinking fund payments or otherwise, all of the revenues of
all of the bridges of San Francisco Bay and the rivers and streams
tributary thereto, including the San Francisco-Oakland Bay Bridge,
the San Mateo-Hayward Bridge, the Dumbarton Bridge, the Carquinez
Strait Bridges, the Benicia-Martinez Bridge, the Antioch Bridge, and
the Richmond-San Rafael Bridge, or any thereof as may be determined
by the commission, together with revenues of the additional crossings
to be constructed across San Francisco Bay.



30780.  The rapid transit tube shall be repaired, maintained and
operated, and insured against such risks and in such amount as the
district deems proper by or at the expense of the district.