SECTIONS 160005-160006 - California Statutes

PUBLIC UTILITIES CODE

SECTION 160005-160006

160005. In addition to powers delegated to the Peninsula Corridor
Study Joint Powers Board by a joint exercise of powers agreement
pursuant to Section 1 of Chapter 1328 of the Statutes of 1987, the
district has all of the following powers:
(a) To acquire real and personal property of every kind for rail
purposes by grant, gift, devise, lease, or eminent domain, and to
hold, use, sell, lease, or transfer any such property.
(b) To enter into any contract necessary for its powers.
(c) To establish or change rates, charges, and services. The
Public Utilities Commission has no jurisdiction over the district or
any of its activities except as to matters of public safety.
(d) To indemnify and defend any railroad corporation, regardless
of its negligence, that operates rail services for the district
pursuant to contract.
(e) To appoint an executive officer, and to employ staff and legal
counsel.
(f) To sue and be sued.
(g) To indemnify and defend the Department of Transportation with
respect to the transfer of rights-of-way, stations, rail passenger
equipment, and facilities, and contracts, leases, or agreements
relative to those properties whose ownership or responsibility is
transferred to the district in accordance with the terms of an
agreement to be negotiated.

160006. (a) If the district acquires stations, facilities, and
passenger equipment owned or leased by the Department of
Transportation for the passenger rail service provided by the
Southern Pacific Transportation Company between San Francisco and San
Jose and points in between, and if the district acquires from the
Department of Transportation the right-of-way between San Francisco
and San Jose presently owned by the Southern Pacific Transportation
Company, the district may own, operate, construct, manage, and
maintain rights-of-way, stations, facilities, and equipment necessary
for the operation of rail passenger and freight services between San
Francisco and Alma and points in between, and may contract with any
railroad corporation for the purchase of, or to subsidize, service
between San Francisco and Alma and points in between. Upon completion
of the conditions specified in subdivision (a) of Section 14035.4 of
the Government Code, the district may provide commuter rail service
between San Jose and Gilroy.
(b) Any assets transferred from the Department of Transportation
to the district without compensation shall be transferred with all
attendant obligations, liabilities, debts, and grant conditions
established by the department, including Urban Mass Transportation
Administration grants and sale and leaseback contracts.