2010 California Code
Government Code
Article 2. Administration

14001.  There is in the Business, Transportation and Housing Agency
a Department of Transportation.
   Any reference in any law or regulation to the Department of Public
Works shall be deemed to refer to the Department of Transportation.



14002.  The department is under the control of an executive officer
known as the Director of Transportation.



14002.5.  As used in this part, unless the context otherwise
requires:
   (a) "Department" means the Department of Transportation.
   (b) "Director" means the Director of Transportation.
   (c) "Secretary" means the Secretary of the Business,
Transportation and Housing Agency.
   (d) "Board" or "commission" means the California Transportation
Commission.
   (e) "Displaced worker" means individuals eligible for assistance
pursuant to Section 15076 of the Unemployment Insurance Code.




14003.  The director is appointed by the Governor, subject to
confirmation by the Senate, and holds office at the pleasure of the
Governor. The annual salary of the director is provided for by
Chapter 6 (commencing with Section 11550), Part 1 of this division.




14005.  The director shall perform all duties, exercise all powers
and jurisdiction, assume and discharge all responsibilities, and
carry out and effect all purposes vested by law in the department,
except as otherwise expressly provided by law.




14006.  There shall be within the department the position of Deputy
Director of Transportation. The deputy director is appointed by the
Governor, upon recommendation of the director, and shall serve at the
pleasure of the director. The annual salary shall be fixed by the
director in accordance with law. The deputy director shall have such
duties as may be assigned to him by the director and he shall be
responsible to the director for the performance of those duties.



14007.  For the purpose of administration, the director shall
organize the department with the approval of the Governor and the
secretary in the manner that they deem necessary properly to
segregate and conduct the work of the department.
   The work of the department shall be divided into at least five
divisions, known as the Division of Highways, Division of
Aeronautics, Division of Mass Transportation, Division of Procurement
and Services, and the Legal Division.
   With the approval of the Governor and the secretary, the director
may create, change, or abolish such other divisions and subdivisions
as may be necessary.
   Any reference in any law or regulation to the Division of Bay Toll
Crossings shall be deemed to refer to the department.



14007.1.  (a) There is in the Department of Transportation the
Division of Rail, which is responsible for the development of a
comprehensive rail passenger system and the preparation of the rail
passenger development plan required pursuant to Section 14036.
   (b) An undersecretary of the agency shall be assigned to give
attention to rail matters to ensure that the rail passenger system
and plan are carried out.
   (c) It is the intent of the Legislature that the commission give
high priority to the implementation of the rail passenger system and
plan.


14007.2.  (a) There is in the Department of Transportation a unit,
known as the Spaceport Office, whose primary responsibility is to
seek and obtain federal funding for the commercialization of private
space activities in California.
   (b) It is the intent of the Legislature that the responsibilities
assigned to the department by this section be carried out with
existing resources not exceeding the equivalent of one personnel year
annually, and that the department not request an increase in its
budget for this purpose.



14008.  The department succeeds to and is vested with all the
duties, powers, purposes, responsibilities, and jurisdiction vested
in the Department of Aeronautics, the Department of Public Works, and
the Office of Transportation Planning and Research, with the
exceptions of those functions and duties reserved to the board in
Section 13990.6 on July 1, 1973.



14009.  (a) Not later than June 30, 1994, the department shall apply
for federal funding to be used for a comprehensive, rapid conversion
of data pertaining to the state highway system from paper storage to
intelligent computer information.
   (b) Within six months of having its application for federal
funding approved, the department shall commence implementation of the
conversion process.


14010.  The department shall have the possession and control of all
licenses, permits, leases, agreements, contracts, orders, claims,
judgments, records, papers, equipment, supplies, bonds, moneys,
funds, appropriations, buildings, land and other property, real or
personal, held for the benefit, use, or obligation of the Department
of Aeronautics, the Department of Public Works, and the Office of
Transportation Planning and Research in connection with the functions
of those organizations that are transferred to or vested in the
department.


14011.  The department may expend money appropriated for the
administration of the laws the enforcement of which is committed to
the department. The department may expend such money for the use,
support, or maintenance of any appropriate state agency within the
department.
   Such expenditures by the department shall be made in accordance
with law in carrying on the work for which the appropriations were
made.



14012.  (a) The director may sell or lease excess right-of-way
parcels to municipalities or other local agencies for public
purposes, and may accept as all or part of the consideration for such
sale or lease any substantial benefits the state will derive from
the municipality or other local agency's undertaking maintenance or
landscaping costs that would otherwise be the obligation of the
state.
   (b) For the purposes of Section 9 of Article 19 of the California
Constitution, the department shall notify, on a quarterly basis, the
State Coastal Conservancy, the Department of Parks and Recreation,
the Wildlife Conservation Board, and the Department of Fish and Game
of excess property.


14013.  The director may lease nonoperating right-of-way areas to
municipalities or other local agencies for public purposes, and may
contribute toward the cost of developing local parks and other
recreational facilities on such areas. The director may accept as all
or part of the consideration for such lease or for such state
contribution any substantial benefits the state will derive from the
municipality or other local agency's undertaking maintenance or
landscaping costs which would otherwise be the obligation of the
state. Such leases shall contain a provision that whenever the leased
land is needed for state highway operating purposes the lease shall
terminate. The department is authorized to classify portions of state
highway right-of-way as nonoperating.



14014.  The director may authorize the refund of moneys received or
collected by the department in payment of fees, licenses, permits,
tools, or for rentals, property or services, wherein the license,
permit, rental, property or service cannot lawfully be issued,
furnished, or transferred to the person making the payment, or in
cases where the payment in whole or in part represents overpayment or
payment in duplicate.



14015.  (a) The Director of General Services, as agent for the
Department of Transportation, may enter into an agreement to
purchase, lease-purchase, or lease with an option to purchase real
property in the San Francisco Bay area for the purpose of financing,
refinancing, and acquiring office and parking facilities, and any
other improvements, betterments, and facilities related thereto in
order to allow full occupancy by August 30, 1993. The total purchase
price, excluding financing costs, shall not exceed one hundred
million dollars ($100,000,000) plus all costs of financing,
including, but not limited to, interest during acquisition or
construction of these facilities, interest payable on any interim
loan from the Pooled Money Investment Account pursuant to Section
16312 or 16313, a reasonably required reserve fund, and the costs of
issuance of interim financing or permanent financing after completion
of the construction or acquisition of these facilities. In selecting
a site or sites for office space and parking facilities, the
department shall give consideration to sites located in the East Bay
region, including the City of Oakland. Criteria used in the
evaluation of prospective sites shall include an economic evaluation
of locating in a new or existing state office building in the East
Bay region.
   (b) The total cost of financing the net cost of acquiring the
building and facilities described in subdivision (a), including the
costs of modifications and operation, shall not exceed the total
avoided costs of leasing and occupying those buildings and facilities
currently occupied by the Department of Transportation which will no
longer be occupied once the building and facilities described in
subdivision (a) are occupied. "Net cost" means the cost of acquiring
the building and facilities described in subdivision (a), including
financing costs, less the amount realized from the disposition of the
existing office building. "Avoided costs" mean those costs the
Department of Transportation would have incurred if it continued to
occupy the buildings and facilities which would no longer be occupied
as a result of the acquistion of the building and facilities
described in subdivision (a). In order to ensure that the
requirements of this subdivision are met, the Department of
Transportation shall provide the Joint Legislative Budget Committee
with a report concerning the cost-effectiveness required by this
section at least 30 days prior to entering into any purchase
agreement.
   (c) Pursuant to Section 5702, the Treasurer is hereby authorized
to sell certificates of participation, lease revenue bonds, or any
other approved form of obligations in connection with the financing,
refinancing, and acquisition described in subdivision (a).
   (d) The Department of Transportation shall take all necessary
actions to ensure that its annual budget includes all payments which
may be necessary to satisfy the obligation for the office facilities
purchased pursuant to subdivision (a).
   (e) Following the acquisition and occupation of the building and
facilities described in subdivision (a), the Department of
Transportation shall sell the office building at 150 Oak Street in
San Francisco. The net proceeds of that sale shall be applied toward
any obligations undertaken by the Director of General Services
pursuant to subdivision (a).
   (f) If the new offices of the Department of Transportation are to
be located in a new state office building, the Director of General
Services may sell the existing state office building located at 1111
Jackson Street in the City of Oakland and the Department of General
Services shall commence preliminary planning for the construction of
the new state office building in the East Bay region.
   (g) Notwithstanding subdivision (a), the office and parking
facilities acquired by the Department of General Services pursuant to
subdivision (a) shall be and remain under the jurisdiction and
control of, and shall be operated and maintained by, the Department
of Transportation. Construction or acquisition of any office and
parking facilities utilizing the financing methods authorized by
subdivision (a) shall be done by the Department of General Services
as agent of the Department of Transportation. The Department of
General Services, in consultation with the Department of
Transportation, may contract with a construction manager and others
for construction and other services related to the construction of
the office and parking facilities financed pursuant to subdivision
(a).



14016.  (a) The Director of General Services, as agent for the
Department of Transportation, may enter into an agreement to
purchase, lease-purchase, or lease with an option to purchase or
exchange real property in the City of San Bernardino for the purpose
of providing office and parking facilities, and any other
improvements, betterments, and facilities related thereto, in order
to allow consolidation of the offices of the Department of
Transportation in the Riverside/San Bernardino region.
   (b) The Department of Transportation shall take necessary actions
to ensure that its annual budget includes all payments which may be
necessary to satisfy the obligation for the office and parking
facilities authorized pursuant to subdivision (a).
   (c) Following the procurement and occupancy of the building and
facilities described in subdivision (a), the Department of
Transportation may lease or sell the office building at 247 West 3rd
Street in the City of San Bernardino. The net proceeds of that lease
or sale shall be applied toward any obligations undertaken pursuant
to subdivision (a).
   (d) Notwithstanding subdivision (a), the office and parking
facilities obtained by the Department of General Services pursuant to
subdivision (a) shall be and remain under the jurisdiction and
control of, and shall be operated and maintained by, the Department
of Transportation. Construction or acquisition of any office and
parking facilities utilizing the financing methods authorized by
subdivision (a) shall be done by the Department of General Services
as agent of the Department of Transportation. The Department of
General Services, in consultation with the Department of
Transportation, may contract for design, design/build, and
construction, construction management, and other services related to
the design and construction of the office and parking facilities
obtained pursuant to subdivision (a).