SECTIONS 14080-14089 - California Statutes

GOVERNMENT CODE

SECTION 14080-14089

14080. For purposes of this article:
(a) "Public entity" has the same meaning as defined in Section
811.2 of the Government Code.
(b) "State funds" means any nonfederal funds which are derived
from any of the following financial sources: the State Transportation
Fund, tolls on the use of state-owned transportation facilities, and
bond proceeds where the payment of the bonds is secured by any of
the other financial sources specified in this subdivision.

14081. (a) When the governing body of any public entity proposes to
commence project planning, development, improvement, or acquisition
for exclusive public mass transit guideways and their related fixed
facilities, the governing body may enter into an agreement to have
the department assist the public entity with such work by providing
to it those services mutually agreed to by the governing body and the
director. These services may include, but are not limited to, the
employment of the department's employees, facilities, equipment, and
materials for such purposes as project planning and design; research
and materials testing; plans, specifications, and estimates;
acquisition of rights-of-way and relocation assistance; project
contract administration and construction inspection; and overall
project management.
(b) The governing body and the director may also enter into
agreement for the department to assist the public entity in the
performance of any other mutually agreed-upon services in connection
with the public entity's guideway transit responsibilities.

14081.5. The director shall not enter into an agreement referred to
in Section 14081 if, in the director's judgment, the proposed
agreement cannot be carried out in a manner consistent with
financially and managerially sound public administration practices.

14082. The department may secure the services of consultants to
provide expert assistance to the department in performing any of the
agreed-upon services referred to in Section 14081 when the complete
expertise necessary is not fully available within the department.

14082.5. In any agreement made pursuant to Section 14081, the
governing body shall retain final authority to decide those matters
for which it is responsible by law pertaining to the planning,
design, construction, and operation of the guideway system. The
department shall perform such services agreed upon in accordance with
the laws and regulations that are applicable to the public entity.

14083. Any agreement made pursuant to Section 14081 shall provide
that the department shall be fully reimbursed by the governing body
for all costs incurred by the department in performing services
pursuant to the agreement. The amount of the reimbursement shall be
negotiated and agreed to between the governing body and the
department in advance of the department performing the services.
However, whenever funds are made available to the department with an
authorization to expend the funds for the department's performance of
all or part of the agreed-upon services, the services so financed
shall be performed by the department without reimbursement. Any state
funds so used shall be considered as part of the financing needed by
the governing body from state and local revenue sources to meet its
matching requirements for federal funding.

14083.5. Any funds received by the department from the governing
body pursuant to an agreement made pursuant to Section 14081 shall be
deposited in the State Treasury to the credit of the state account
which the department designates. The department shall use the funds
for the purposes referred to in Section 14081 in accordance with the
applicable laws and regulations, and with the contracts, plans,
specifications, and terms agreed upon.

14084. If at any time, in carrying out any agreement made pursuant
to Section 14081, the required payment of reimbursements becomes a
matter in dispute that cannot be resolved by the governing body and
the director, it shall be brought before the California Victim
Compensation and Government Claims Board, which shall conduct the
necessary audits and interviews to determine the facts, hear both
parties to the dispute, and make a final determination as to the
reimbursement actually due.

14085. Whenever any public entity is to receive state or federal
funds for the purposes of project planning, design, rights-of-way,
construction, acquisition, or improvement of exclusive public mass
transit guideways (and their related fixed facilities, power systems,
passenger facilities, vehicles, and equipment), it shall prepare for
the complete project each of the following that are applicable to
the type of project, and transmit them to the department for its
review and approval of policies, procedures, and performance
standards, which review and approval shall be completed within a
reasonable time, on behalf of the State of California, prior to the
implementation of the project or the project phases affected:
(a) The overall project financing plan and the overall project
development schedule.
(b) Policies, procedures, and performance standards for such
matters as the project's management control systems; public hearings;
location studies, preliminary engineering investigations, and
environmental impact studies; plans, specifications, and cost
estimates; acquisition of rights-of-way and other related real
properties; relocation assistance; contract provisions, bidding and
awards, change orders, payments and audits, and contractor claims;
and material and equipment testing.

14085.5. With respect to the review and approval of policies,
procedures, and performance standards pursuant to Section 14085, the
department's authority shall be directed at such matters as the
requirements, criteria, process methods, and project management
control systems to be used for effectively performing and
accomplishing a project's development; and the department's
authority, as it applies to this specific purpose, shall not be
directed at determining such matters as a project's actual location
and design, its actual transport capability, or its actual service
features, unless otherwise provided for by statute or mutual
agreement.

14086. The department shall adopt guidelines for purposes of
Section 14085. The guidelines and the department's review and
approval required pursuant to Section 14085 shall be based on the
best contemporary practices and any applicable state or federal laws
or regulations for an effective and timely accomplishment and
integrity of the project's development.

14086.5. Before approving an overall project financing plan and an
overall project development schedule, the department shall obtain the
finding of the California Transportation Commission, and the
commission shall transmit its finding to the department within a
reasonable time, that the proposal is in accordance with the adopted
state transportation improvement program for state funded projects
and the adopted regional transportation improvement program for
federally funded projects.

14087. If the governing body of a public entity wishes to appeal an
action of the department taken under Section 14085 the matter shall
be appealed to the Secretary of the Business, Transportation and
Housing Agency. Within a reasonable time after receiving the appeal,
the secretary shall hear all parties involved and determine the
matter, or the secretary may appoint a hearing officer to hear all
parties involved and make a recommendation for the consideration of
the secretary in determining the matter.

14088. For emergency conditions, and for those minor improvement
projects which are not interrelated to proposed projects of greater
scope, the director may waive any or all of the requirements of
Section 14085 when such action is in the public interest.

14089. Nothing in this article shall be construed to make the
receipt of state or federal funds by public entities for the purpose
of project planning, design, rights-of-way, construction,
acquisition, or improvement of exclusive public mass transit
guideways (and their related fixed facilities, power systems,
passenger facilities, vehicles, and equipment) contingent upon
entering into any agreement with the department pursuant to Section
14081.