SECTIONS 29030-29047 - California Statutes

PUBLIC UTILITIES CODE

SECTION 29030-29047

29030. The district may provide a rapid transit system for the
transportation of passengers and their incidental baggage.

29031. The district may acquire, construct, own, operate, control,
or use rights-of-way, rail lines, bus lines, stations, platforms,
switches, yards, terminals, parking lots, and any and all other
facilities necessary or convenient for rapid transit service within
or partly without the district, underground, upon, or above the
ground and under, upon, or over public streets, highways, bridges, or
other public ways or waterways, together with all physical
structures necessary or convenient for the access of persons and
vehicles thereto, and may acquire any interest in or rights to the
use or joint use of any or all of the foregoing; provided, that
installations in state freeways shall be subject to the approval of
the Department of Transportation and installations in other state
highways shall be subject to Article 2 (commencing with Section 670),
Chapter 3, Division 1 of the Streets and Highways Code.

29032. The district may lease or contract for the use of its
facilities, or any portion thereof, to any operator, and may provide
for subleases by such operator upon such terms and conditions as it
deems in the public interest. The word "operator" as used in this
section means any city or public agency or any person, firm or
private corporation.

29033. The district may construct and operate or acquire and
operate works and facilities in, under, upon, over, across, or along
any street or public highway or any stream, bay or watercourse, or
over any of the lands which are the property of the State, to the
same extent that such rights and privileges appertaining thereto are
granted to municipalities within the State.

29034. The district may enter into agreements for the joint use of
any property and rights by the district and any public agency or
public utility operating transit facilities; may enter into
agreements with any public agency or public utility operating any
transit facilities, either wholly or partially within, or without,
the district, for the joint use of any property of the district or of
that public agency or public utility, or the establishment of
through routes, joint fares, transfer of passengers or pooling
arrangements.

29034.5. (a) The district may approve annexation of areas to the
district pursuant to Chapter 9 (commencing with Section 29500) or
other forms of affiliation; however, the district shall meet its
service commitments within its boundaries as they existed on January
1, 1971, before the district may expend any district funds for the
purpose of extending services and facilities outside of those
boundaries, except for the extension of services and facilities south
of the Daly City Station to the terminus of the BART-San Francisco
Airport Extension.
(b) This section does not preclude either of the following:
(1) Rail line extensions to other areas that may be annexed to, or
in some other way are affiliated with, the district, if other than
district funds are used to finance the construction and operation of
the extensions.
(2) Improvements to existing district stations and yards.
(c) As used in this section, "service commitments" means the
extension of district services and facilities to the Cities of
Antioch, Pittsburg, Pleasanton, Livermore, and Fremont and to the
northwest section of the City and County of San Francisco.

29034.6. (a) Not later than 1991, the district shall proceed to
commence construction of an extension of its facilities to West
Pittsburg, or to a point east of that location, if the funding
described in subdivision (b) is sufficient and all of the following
occur:
(1) The voters of Contra Costa County, at the November 8, 1988,
general election, approve an additional one-half of 1 percent sales
tax for transportation purposes.
(2) An increase in San Francisco Bay area bridge tolls, as
proposed by Senate Bill No. 45 of the 1987-88 Regular Session, is
approved.
(3) Sufficient funds are provided to the district from paragraphs
(1) and (2) which, together with funds identified in subdivision (b),
would result in the generation of at least four hundred twenty-five
million dollars ($425,000,000) for the West Pittsburg BART extension.
(b) The district board of directors shall set aside at least
thirty-four million dollars ($34,000,000) from district reserve funds
and, if the district receives two hundred million dollars
($200,000,000) from the San Mateo County Transit District as a result
of an agreement between the district and the San Mateo County
Transit District, the district board of directors shall set aside at
least an additional seventy-four million dollars ($74,000,000) for
the purposes of this section. The district shall seek other funding
as may be available from state and other sources to meet the
objective of completing construction of an extension to West
Pittsburg.
(c) It is the intent of the Legislature that the district extend
its service and facilities to eastern Contra Costa County as far as
the four hundred twenty-five million dollars ($425,000,000) funding
amount will permit.
(d) If funds generated from the additional Contra Costa County
transportation sales tax or the increase in bridge tolls do not
become available to the district, it is the intent of the Legislature
that the district proceed with service and facilities extension as
far as available funding sources permit.

29034.7. (a) Not later than December 31, 1991, the district shall
proceed to commence construction of an extension of its facilities to
Dublin if an agreement is then existing between the district and the
Alameda County Transportation Commission to provide funding for that
extension in accordance with the Alameda County Transportation
Expenditure Plan adopted pursuant to Section 131055.
(b) Not later than December 31, 1991, the district shall proceed
to commence construction of an extension of its facilities to Warm
Springs, subject to each of the following conditions:
(1) The Dublin extension is fully funded and ready for
implementation.
(2) Appropriate federal and environmental approvals are obtained
in a timely manner.
(3) Adequate funding is available from the sources described in
subdivision (c).
(c) In order to meet the objective of completing construction of
the Dublin and Warm Springs extensions of the district's facilities,
as contemplated by the Alameda County Transportation Expenditure
Plan, the board of directors of the district shall take the following
actions:
(1) Set aside, for expenditure on those projects, not less than
fifty-eight million dollars ($58,000,000) from the district's reserve
funds.
(2) Commit for expenditure on those projects, an additional amount
of not less than one hundred twenty-six million dollars
($126,000,000) if, pursuant to an agreement between the district and
the San Mateo County Transit District, the district is to receive two
hundred million dollars ($200,000,000) as a capital contribution
from the San Mateo County Transit District.
(3) Seek additional funding as may be available from an increase
in San Francisco Bay area bridge tolls pursuant to Chapter 406 of the
Statutes of 1988, together with funding from state and other
sources, to provide not less than six hundred two million dollars
($602,000,000) to fund the Dublin and Warm Springs extensions as
provided for in the Alameda County Transportation Expenditure Plan.
(d) It is the intent of the Legislature, if funding, as provided
for in the Alameda County Transportation Expenditure Plan and
pursuant to paragraphs (2) and (3) of subdivision (c), does not
become available to the district for the full extension of service
and facilities described in subdivisions (a) and (b), that the
district nevertheless undertake to provide the described extensions
to the extent that available funding permits.

29035. The district may operate such feeder bus lines and other
feeder services as necessary.

29035.5. Metropolitan Transportation Commission Resolution 3434, in
December 2001, established the following Regional Transit Expansion
Program for the San Francisco Bay area:
(a) BART to Warm Springs, sponsored by the Bay Area Rapid Transit
District.
(b) BART from Warm Springs to Milpitas, San Jose, and Santa Clara,
sponsored by the Santa Clara Valley Transportation Authority.
(c) San Francisco Muni Third Street Light-Rail Transit Project:
Phase 2-New Central Subway, sponsored by the San Francisco County
Transportation Authority and San Francisco Muni.
(d) BART/Oakland Airport Connector, sponsored by the Bay Area
Rapid Transit District.
(e) Caltrain Downtown Extension/Rebuilt Transbay Terminal,
sponsored by the San Francisco County Transportation Authority.
(f) Caltrain Rapid Rail/Electrification, sponsored by the Joint
Powers Board (Caltrain).
(g) Caltrain Express/Phase 1, sponsored by the Joint Powers Board
(Caltrain).
(h) Downtown to East Valley Light-Rail and Bus Rapid Transit:
Phases 1 and 2, sponsored by the Santa Clara Valley Transportation
Authority.
(i) Capitol Corridor: Phase 1 Expansion, sponsored by the Capitol
Corridor Joint Powers Authority.
(j) AC Transit Oakland/San Leandro Bus Rapid Transit: Phase 1
(Enhanced Bus), sponsored by AC Transit.
(k) Regional Express Bus: Phase 1, sponsored by the Metropolitan
Transportation Commission.
(l) Dumbarton Rail, sponsored by the Joint Powers Board
(Caltrain).
(m) BART/East Contra Costa Rail Extension, sponsored by the Contra
Costa Transportation Authority and BART.
(n) BART/Tri-Valley Rail Extension, sponsored by the Alameda
County Transportation Commission and BART.
(o) Altamont Commuter Express (ACE): Service Expansion, sponsored
by the Altamont Commuter Express.
(p) Caltrain Express: Phase 2, sponsored by the Joint Powers Board
(Caltrain).
(q) Capitol Corridor: Phase 2 Enhancements, sponsored by the
Capitol Corridor Joint Powers Authority.
(r) Sonoma-Marin Rail, sponsored by Sonoma-Marin Area Rail
Transit.
(s) AC Transit Enhanced Bus: Hesperian/Foothill/MacArthur
Corridors, sponsored by AC Transit.

29036. The board of directors shall refer for recommendation the
plans of routes, rights of way, terminals, stations, yards and
related facilities and improvements to the city councils and boards
of supervisors within whose jurisdiction said facilities and
improvements lie and to such other state, regional and local agencies
and commissions as may be deemed appropriate by the board of
directors. The board of directors shall give due consideration to all
recommendations submitted.

29037. The district shall not interfere with or exercise any
control over any transit facilities now or hereafter owned and
operated wholly or partly within the district by any city or public
agency, unless by consent of such city or public agency and upon such
terms as are mutually agreed upon between the board and such city or
public agency.

29038. The rates and charges for service furnished pursuant to this
part shall be fixed by a two-thirds vote of the board and shall be
reasonable. Insofar as practicable, the rates shall be fixed so as to
result in revenue which will be sufficient to do all of the
following:
(a) Pay the operating expenses of the district.
(b) Provide for repairs, maintenance, and depreciation of works
owned or operated by the district.
(c) Provide for the purchase, lease, or acquisition of rolling
stock, including provisions for interest, sinking funds, reserve
funds, or other funds required for the payment of any obligations
incurred by the district for the acquisition of rolling stock.
(d) After making any current allocation of funds required for the
foregoing purposes and by the terms of any indebtedness incurred
under Articles 6 (commencing with Section 29240) and 7 (commencing
with Section 29250) of Chapter 8, provide funds for any purpose the
board deems necessary and desirable to carry out the purposes of this
part.

29039. The board of supervisors of a county or a city and county,
or the city council of a municipality having territory located within
the district may file a request for a hearing before the district
board as to the reasonableness of any rates or charges fixed by the
district and as to any proposal for fixing the location of facilities
by the district. The request shall be in writing and shall state the
subject matter on which a hearing is desired.

29040. Upon the filing of a request for hearing as provided in
Section 29039 the district board shall fix the time and place for
hearing. The time fixed shall not be less than fifteen (15) days nor
more than sixty (60) days from the date such request is filed. Notice
of such hearing shall be given to the county or city requesting such
hearing and shall be published by the board.

29041. At the time fixed for any hearing before the board any board
of supervisors or city council eligible to file a request for
hearing, not a party to the original request for hearing, may
intervene and shall be entitled to be heard and to introduce
evidence.

29042. The district, petitioner or petitioners, and the intervenors
shall have the right to call and examine witnesses; to introduce
exhibits; to cross-examine opposing witnesses on any matter relevant
to the issues even though that matter was not covered in direct
examination; and to rebut evidence introduced by other parties.

29043. Oral evidence shall be taken only on oath or affirmation.
The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious business affairs,
regardless of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection in
a civil action. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be
admissible over objection in a civil action.

29044. A complete record of all proceedings and testimony before
the board at such hearing shall be taken down by a reporter appointed
by the board. In case an action is brought to review any decision of
the board, a transcript of such testimony, together with all
exhibits or copies thereof introduced, together with the written
request for hearing and other proceedings in the cause shall
constitute the record on review; provided, however, that the board
and other parties may stipulate in writing that a specified portion
of the evidence be certified to the court for judgment and in such
case the portion of the evidence specified and the stipulation
specifying such evidence shall be the record on review.

29045. Within thirty (30) days after submission of the case the
board shall render its decision in writing together with written
findings of fact. Copies of the findings and decision shall be sent
forthwith to the petitioners and intervenors by registered mail,
postage prepaid.

29046. Within forty (40) days after the mailing of the decision to
the petitioner, the petitioner may apply for a writ of mandate in the
manner provided in the Code of Civil Procedure. The complete record
of the proceedings, or such parts thereof as are designated by the
petitioner, shall be prepared by the district and shall be delivered
to the petitioner within thirty (30) days after a request therefor,
upon payment of the expense of preparation and certification thereof.

29047. The district shall be subject to regulations of the Public
Utilities Commission relating to safety appliances and procedures,
and the commission shall inspect all work done pursuant to this part
and may make such further additions or changes necessary for the
purpose of safety to employees and the general public.
The commission shall enforce the provisions of this section.
The district shall reimburse the commission for any cost incurred
by the commission in regulating pursuant to this section when such
regulating is performed (a) by persons not on the staff of the
commission or (b) by the staff of the commission but not funded by a
Budget Act appropriation. The reimbursement shall be in the amount as
agreed upon by the district and the commission and approved by the
Director of Finance. If the district and the commission are unable to
agree as to the amount of the cost, the Director of Finance shall
determine the amount.