text:
(a) In accordance with regulations and guidelines of the commission, each application shall be accompanied by a plan describing how the grant funds will be used, what other capital funds are available for the project, and how those funds will be used. The plan shall include a plan for operating any new service, including a financial plan for operation.

(b) The plan shall also identify the sources of the remainder of the funds required for construction and operation of any new service.

(c) The application shall demonstrate that a reasonable share of the cost of any new or rehabilitated passenger rail service, as determined by the commission, will be covered by farebox revenue.


kind: section

code: PUC

text:
(a) The commission, with the assistance of the department, shall commence its review of an application for a grant within 30 days of receipt of the application.

(b) The application shall either be approved or denied by the commission within 180 days of its receipt, except that, if the commission requests additional information from the applicant, the time for approving or denying the application shall be calculated from the date that the commission receives the additional information requested.

(c) If the commission denies an application, it shall state the specific reasons for that denial and may, in its discretion, permit the application to be amended to remove those grounds for denial. The commission shall have 180 days from the receipt of an amended application to either approve or deny the amended application.

(d) The commission shall not deny any application which meets the requirements of this part and which conforms to the regulations and guidelines of the commission for the award of grants, nor shall the commission unreasonably delay the approval of an application which substantially conforms to those requirements if the applicant agrees to allow the commission to modify the application to meet its conditions for approval.

history: (History: Added June 5, 1990, by initiative Proposition 116.)

division: 10. TRANSIT DISTRICTS

chapter: 4. Applications for Grants

path: 10. TRANSIT DISTRICTS > 11.5. CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT OF 1990 > 4. Applications for Grants


text:
(a) To be eligible for a grant for a rail transit project pursuant to Section 99630, subdivision (b), (c), or (d) of Section 99631, subdivision (b) or (c) of Section 99632, Section 99633, 99634, 99635, 99637, subdivision (b) of Section 99638, Section 99639, subdivision (b) of Section 99640, Section 99641, 99642, 99643, 99644, or 99645, an applicant agency shall match on a dollar-for-dollar basis, the amount of the grant from other public or private sources and shall demonstrate, to the satisfaction of the commission, the availability of those other funds.

(b) Local agencies shall not adopt new or increased development taxes, fees, or exactions or permit fees for the purpose of providing matching funds for any grant specified in subdivision (a) or to pay for operating costs of new service established by a grant made pursuant to this part.

(c) Bridge toll revenues otherwise available to a local agency may be used as a source of matching funds.

part: 11.5. CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT OF 1990


text: The eligibility of an applicant agency for a grant pursuant to a section of Chapter 3 (commencing with Section 99620) does not make it ineligible to apply for and receive a grant pursuant to any other provision of that chapter.


text: (a) An application for a grant for a commuter rail or rail transit project within the area of jurisdiction of a transportation planning agency, as defined in Sections 29532 and 29532.4 of the Government Code, shall be subject to the grant review authority of the transportation planning agency.


text:
Each application for a grant to fund a segment of a commuter rail project shall demonstrate that the project is coordinated with all other planned and existing connecting commuter and intercity services, to maximize their efficiency and service to the people in the region.

(b) If practicable, a joint maintenance facility shall be developed for commuter and other rail equipment at a central location in Southern California.

(c) In order to maximize efficiency and avoid duplication of effort, a single joint powers agency may be established to implement and operate all commuter rail services in Southern California.


text: An application for rail transit extension shall include a plan for integrating bus service with the rail line and for avoiding duplicative and competing bus service. The commission shall submit the application to a peer review committee of at least three persons which shall evaluate the adequacy of the local agency’s transit integration plan. The peer review committee shall be appointed by the commission from persons recommended by the department and shall include representatives of transit operators. The local agency shall either implement recommendations of the peer review committee or indicate why the recommendations are not being implemented. The commission shall review the adequacy of the transit integration plan before approving the rail transit extension.


text:
Funds allocated pursuant to this part shall not be used for any of the following:

(a) A rail project connecting San Bernardino County and the State of Nevada.

(b) Any alteration to the Golden Gate Bridge.

(c) Passenger rail facilities which would not be available to the general public or whose primary purpose would be to benefit a private entity or individual.

chapter: 5. Conditions

path: 10. TRANSIT DISTRICTS > 11.5. CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT OF 1990 > 5. Conditions


text: Funds shall not be allocated for a project requiring service over the right-of-way of a railroad corporation unless a course of improvements and operation is agreed to by the railroad corporation or unless the right-of-way, or all or part of use of the right-of-way, is acquired by eminent domain or purchase. New or increased passenger service over the right-of-way of a railroad corporation shall be implemented in a manner which ensures the adequacy and efficiency of existing freight service. Neither the specific amounts allocated pursuant to Chapter 3 (commencing with Section 99620), nor any other provision of this part, are intended to indicate the actual fair market value of any railroad right-of-way to be acquired or leased.


text: All passenger rail and water borne ferry equipment and facilities acquired or constructed pursuant to this part and intended for public use shall be accessible to persons with physical disabilities, including wheelchair users. All passenger vehicles and vessels shall be accessible to wheelchair users at all stops, stations and terminals whether or not staffed.


text: All passenger vehicles and vessels acquired pursuant to this part shall provide reasonable access to bicycles. All stations acquired or constructed pursuant to this part shall provide convenient and secure bicycle parking facilities.


text:
(a) All funds allocated to an agency pursuant to this part shall be programmed, encumbered, obligated, or spent prior to July 1, 2000, unless economically infeasible. If funds allocated to an agency pursuant to this part are not expended or encumbered prior to July 1, 2000, the Legislature may, by a statute passed in each house by a two-thirds vote, reallocate those funds for another rail project within that agency’s jurisdiction.

(b) If any of the funds are not expended or encumbered prior to July 1, 2010, the Legislature may, in the same manner, reallocate the funds for any other passenger rail project in the state.

(c) In the case of funds allocated to the department, the reallocation shall be for a state-sponsored passenger rail project.

(d) The Legislature may, by statute passed in each house by majority vote, or in the annual Budget Bill, require the commission to award any grant specified in Chapter 3 (commencing with Section 99620) which the commission has denied.


text:
(a) Funds allocated pursuant to this part that are not expended or encumbered by July 1, 2020, are hereby reallocated pursuant to subdivision (b) of Section 99684 to any other existing passenger rail project with existing rail service.

(b) The California Transportation Commission shall select the projects for the reallocation described in subdivision (a). The high-speed rail project as described in Chapter 20 (commencing with Section 2704) of Division 3 of the Streets and Highways Code is not eligible to receive reallocated funds pursuant to subdivision (a) as it is not providing existing rail service.

history: (History: Amended by Stats. 2017, Ch. 561, Sec. 222. (AB 1516) Effective January 1, 2018.)


text: If, within one year after the commission has denied any grant specified in Chapter 3 (commencing with Section 99620), the Legislature does not require the commission to award the grant pursuant to Section 99684, the Governor may direct the commission to award the grant if the Governor finds that the applicant for the grant is in substantial compliance with the requirements of this part.


text: Every expenditure made pursuant to this part shall be made in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).


text: This chapter shall be known and may be cited as the Clean Air and Transportation Improvement Bond Act of 1990.

chapter: 6. Bonds

path: 10. TRANSIT DISTRICTS > 11.5. CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT OF 1990 > 6. Bonds


text: Bonds in the total amount of one billion nine hundred ninety million dollars ($1,990,000,000), exclusive of refunding bonds, or so much thereof as is necessary, may be issued and sold to be used for carrying out the purposes expressed in this part and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest as they become due and payable.


text: The proceeds of bonds and notes issued and sold pursuant to this chapter shall be deposited in the Clean Air and Transportation Improvement Fund created by Section 99610.


text: The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all provisions of that law shall apply to the bonds and are hereby incorporated in this chapter as though set forth in full in this chapter.


text:
(a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Transportation Improvement Finance Committee is hereby created. For purposes of this chapter, the Transportation Improvement Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee shall consist of the Controller, the Director of Finance, and the Treasurer, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee.

(b) For purposes of this chapter, the commission is hereby designated as “the board.”


text: The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out this part, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those purposes progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time.


text: There shall be collected annually in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum.


text:
Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund, for the purposes of this part, an amount that will equal the total of the following:

(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable.

(b) The sum which is necessary to carry out Section 99694, appropriated without regard to fiscal years.


text: For the purposes of carrying out this part, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of unsold bonds which have been authorized by the committee to be sold for the purpose of carrying out those provisions. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund from money received from the sale of bonds which would otherwise be deposited in the fund.


text: Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.

history: (History: Added by Stats. 1991, Ch. 652, Sec. 26.)


text: The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account in the General Fund, in accordance with Section 16312 of the Government Code, to carry out this part. The amount of the loan shall not exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purposes of this chapter. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated in accordance with this chapter.


text: All money derived from premium and accrued interest on bonds sold shall be reserved and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.


text: Any bonds issued or sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of the bonds shall include approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds.


text: The people of California hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized by this part are not “proceeds of taxes” as that term is used in Article XIIIB of the California Constitution, the disbursement of these proceeds is not subject to the limitation imposed by that article.


text: This part shall be known and may be cited as the “Santa Clara Valley Transportation Authority Act.”

history: (History: Amended by Stats. 1999, Ch. 724, Sec. 7. Effective January 1, 2000.)

chapter: 1. Title of Act and Policy

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 1. Title of Act and Policy


text: It is necessary that a transit district be established in the County of Santa Clara in order to meet the public transit problems of that county. Because there is no general law under which such a district could be formed, the adoption of a special act and the formation of a special district is required.

history: (History: Added by Stats. 1969, Ch. 180.)

part: 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY


text:
The Legislature hereby finds and declares:

(a) Since the formation of the Santa Clara Valley Transportation Authority, unprecedented growth has occurred in the San Francisco Bay area and in Santa Clara County in particular. It has become apparent that additional measures are required in order to deal more effectively with the resultant serious traffic congestion and to foster the development of trade and the movement of people in and around the Santa Clara Valley and throughout the entire bay area.

(b) Transit and other modes of transportation are inextricably intertwined, and improvement and maintenance of the road and highway structure in conjunction and coordination with transit improvements are essential to optimize the ability of the Santa Clara Valley Transportation Authority to deal more effectively with serious traffic congestion.

(c) The Santa Clara Valley Transportation Authority, having been designated as the Congestion Management Agency for Santa Clara County, and already authorized to construct and improve state and local highways pursuant to Section 100115.5, is uniquely positioned to implement programs to achieve the goal of a balanced approach to solving transportation problems.

(d) This goal is best achieved in Santa Clara County by vesting in the Santa Clara Valley Transportation Authority the ability to plan, design, construct, maintain, and repair road and highway improvements, as well as bicycle, pedestrian, and other transportation facilities, under the conditions set forth in this part.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 2. (AB 2196) Effective January 1, 2017.)


text: The Santa Clara County Transit District is renamed the Santa Clara Valley Transportation Authority. Any reference in this part, or in any other provision of law or regulation, to the Santa Clara County Transit District shall be deemed to refer to the Santa Clara Valley Transportation Authority. Nothing in the act that added this section alters, impairs, or terminates the district’s status as a transit district, and as an ongoing legal entity, or any of its legal obligations.

history: (History: Added by Stats. 1999, Ch. 724, Sec. 8. Effective January 1, 2000.)


text: Unless the context otherwise requires, the provisions of this chapter govern the construction of this part.

chapter: 2. Definitions

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 2. Definitions


text: “VTA” means the Santa Clara Valley Transportation Authority.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 3. (AB 2196) Effective January 1, 2017.)


text: “Transit” means the transportation of passengers and their incidental baggage by any means, and includes rapid transit.

history: (History: Amended by Stats. 1997, Ch. 373, Sec. 3. Effective January 1, 1998.)


text: “Transit works” or “transit facilities” means any or all real and personal property, equipment, rights, or interests owned or to be acquired by the VTA for transit service or purposes.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 4. (AB 2196) Effective January 1, 2017.)


text: “Board of directors” and “board” means the board of directors of the VTA.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 5. (AB 2196) Effective January 1, 2017.)


text: “Director” means a member of the board of directors of the VTA.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 6. (AB 2196) Effective January 1, 2017.)


text: “County” means the County of Santa Clara.


text: “Public agency” includes the State of California, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality or agency thereof.


text: “System” means all transit works and transit facilities owned or held or to be owned or held by the VTA for transit purposes.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 7. (AB 2196) Effective January 1, 2017.)


text: “Revenues” means all rates, fares, tolls, rentals, or other income and revenue actually received or receivable by or for the account of the VTA from the operation of the system, including, without limiting the generality of the foregoing, interest allowed on any moneys or securities and any profits derived from the sale of any securities and any consideration in any way derived from any properties owned, operated, or at any time maintained by the VTA.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 8. (AB 2196) Effective January 1, 2017.)


text: “Person” includes any individual, firm, copartnership, association, corporation, trust, limited liability company, business trust or receiver or trustee or conservator for any thereof, but does not include a public agency, as defined in this chapter.

history: (History: Amended by Stats. 1997, Ch. 373, Sec. 4. Effective January 1, 1998.)


text: “Establish” includes establish, construct, complete, acquire, extend, or reroute. It does not, however, include the maintenance and operation of any existing system acquired by the VTA.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 9. (AB 2196) Effective January 1, 2017.)


text: “Existing system” means any transit service or system of a publicly or privately owned public utility or division thereof operating entirely within Santa Clara County or at least 40 percent of whose revenue vehicle miles for the preceding calendar year were operated within the district but does not include a charter-party carrier or the charter service of a passenger stage corporation.


text: “Transportation works” or “transportation facilities” means any or all real and personal property, rights, or interests owned or to be acquired by the VTA to facilitate the passage of vehicles or pedestrians exclusive of transit works and transit facilities.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 10. (AB 2196) Effective January 1, 2017.)


text: The Legislature recognizes the formation of the Santa Clara Valley Transportation Authority and it may exercise the powers herein granted.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 11. (AB 2196) Effective January 1, 2017.)

chapter: 3. Formation of District

article: 1. General Provisions

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 3. Formation of District > 1. General Provisions


text: The boundaries of the VTA shall include all incorporated and unincorporated territory lying within the County of Santa Clara.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 12. (AB 2196) Effective January 1, 2017.)

article: 1. General Provisions


text: Notwithstanding any other provision of this act, before the VTA may establish any transit service or system that may at any time divert, lessen, or compete for the patronage or revenues of any existing system, the VTA shall give a written notice to the public utility that is operating the existing system. The written notice shall describe the transit service or system which the VTA proposes to establish and shall state the time that the VTA proposes to establish that service or system.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 15. (AB 2196) Effective January 1, 2017.)

chapter: 3.5. Existing Systems

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 3.5. Existing Systems


text: The VTA shall not establish the proposed service or system, or maintain and operate the service or system until it has completed the purchase of the existing system or any part thereof.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 16. (AB 2196) Effective January 1, 2017.)


text: Subject to Section 100351, the purchase price to be paid for the existing system, or any portion thereof to be purchased, shall be the reproduction cost new, including going concern value, at the date upon which the VTA commences negotiations for the purchase of the existing system, or the portion of the existing system, less depreciation, including wear, tear, and obsolescence, if any.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 17. (AB 2196) Effective January 1, 2017.)


text: The VTA and public utility operating the existing system may agree upon the purchase price or they may agree that the purchase price is to be established by arbitration and upon the method of naming arbitrators and the method of conducting such arbitration.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 18. (AB 2196) Effective January 1, 2017.)


text: Section 851 does not apply to any contract for sale or sale of an existing system, or any portion thereof, pursuant to this chapter, and the Public Utilities Commission has no jurisdiction with respect thereto.

history: (History: Amended by Stats. 1983, Ch. 142, Sec. 139.)


text:
(a) The government of the VTA shall be vested in a board of directors which shall consist of 12 members, as follows:

(1) Two representatives of the county and one alternate who shall be members of the board of supervisors of the county, appointed by the board of supervisors.

(2) Five representatives of the City of San Jose and one alternate who shall be city council members or the mayor of the City of San Jose, appointed by the city council.

(3) Five city council members or mayors selected from among the city councils and mayors of all of the cities in the county, other than the City of San Jose, as provided by agreements among those cities. The agreements may provide for the appointment of alternates, who shall be city council members or mayors, for those city representatives.

(b) An alternate may vote in the place of a director represented by that alternate if the director is absent.

(c) To the extent possible, the appointing powers shall appoint individuals who have expertise, experience, or knowledge relative to transportation issues.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 21. (AB 2196) Effective January 1, 2017.)

chapter: 4. Government of VTA

article: 1. Board of Directors

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 4. Government of VTA > 1. Board of Directors


text: Except as otherwise provided, the term of office for each director shall be two years and until the appointment and qualification of his or her successor. A successor shall be appointed not later than 30 days immediately upon the expiration of a director’s term. A vacancy exists whenever a director ceases to hold office on the city council or board of supervisors from which he or she was appointed. Any vacancy shall, within 60 days of its occurrence, be filled for the balance of the term by the body that made the original appointment.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 22. (AB 2196) Effective January 1, 2017.)

article: 1. Board of Directors


text: The board of directors shall annually elect a chairperson who shall preside at all meetings. The board of directors shall also annually elect a vice chairperson, who, in the event of the chairperson’s absence or inability to act, shall act as chairperson, and, while so acting, shall have all of the power and obligations of the chairperson.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 23. (AB 2196) Effective January 1, 2017.)

article: 1. Board of Directors


text: The board shall establish rules for its proceedings. A majority of the members of the board shall constitute a quorum for the transaction of business and no act of the board shall be valid unless at least seven concur therein. The acts of the board shall be expressed by motion, resolution, or ordinance. All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code.

history: (History: Amended by Stats. 1994, Ch. 254, Sec. 6. Effective January 1, 1995.)

article: 1. Board of Directors


text:
(a) No ordinance, except an urgency ordinance, shall be passed by the board on the day of its introduction, nor within three days thereafter, nor at any time other than at a regular or adjourned regular meeting. The enacting clause of all ordinances shall be as follows:

“The Board of Directors of the Santa Clara Valley Transportation Authority ordains as follows:”

(b) All ordinances shall be signed by the chairperson of the board or the vice chairperson and attested by the secretary. Before the expiration of 15 days after the passage of an ordinance, it shall be published once in a newspaper of general circulation within the boundaries of the VTA as provided by law for ordinances adopted by counties. An order entered in the minutes of the board that the ordinance has been duly published is prima facie proof of publication.

(c) Urgency ordinances shall be adopted in the same manner as provided by law for the adoption of urgency ordinances by counties.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 24. (AB 2196) Effective January 1, 2017.)

article: 1. Board of Directors


text: The board may fix the amount of compensation to be paid each member of the board for services and for each meeting attended by the member. The compensation shall not exceed one hundred dollars ($100) for each meeting of the board attended by the member or for each day’s service rendered as a member by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incident thereto.

history: (History: Amended by Stats. 1994, Ch. 254, Sec. 8. Effective January 1, 1995.)

article: 1. Board of Directors


text: The board of directors is the legislative body of the VTA and shall determine all questions of VTA policy.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 26. (AB 2196) Effective January 1, 2017.)

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 4. Government of VTA > 2. Powers and Duties of Board of Directors


text:
It shall be the duty of the board of directors and it shall have the power to:

(a) Determine the transit facilities to be acquired and constructed by the VTA, the manner of operation, and the means to finance them.

(b) Adopt an annual budget for the VTA that provides for the compensation of its officers and employees.

(c) Fix rates, rentals, charges, and classifications of transit service operated by the VTA.

(d) Adopt an administrative code that prescribes the powers and duties of VTA officers, the method of appointment of VTA employees, and the methods, procedures, and systems for the operation and management of the VTA.

(e) Adopt rules and regulations governing the use of transit facilities owned or operated by the VTA.

(f) Cause a postaudit of the financial transactions and records of the VTA to be made at least annually by a certified public accountant or public accountant.

(g) Adopt reasonable rules and regulations providing for the administration of employer-employee relations.

(h) Do any and all things necessary to carry out the purposes of this part.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 27. (AB 2196) Effective January 1, 2017.)

article: 2. Powers and Duties of Board of Directors


text: The board of directors shall establish at least one advisory committee.

history: (History: Amended by Stats. 1994, Ch. 254, Sec. 11. Effective January 1, 1995.)

article: 3. Advisory Commission

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 4. Government of VTA > 3. Advisory Commission


text: The advisory committees shall provide advice to the board of directors on matters of VTA policy and shall have additional duties as provided by the board of directors.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 28. (AB 2196) Effective January 1, 2017.)

article: 3. Advisory Commission


text: The officers of the VTA shall consist of the members of the board of directors, the chairperson and vice chairperson of the board, a secretary, a general manager, a general counsel, and any other officers that the board deems necessary and provides for by ordinance or resolution. The general manager and general counsel shall be appointed and may be removed by the affirmative votes of a majority of the board.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 29. (AB 2196) Effective January 1, 2017.)

article: 4. Officers

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 4. Government of VTA > 4. Officers


text: The secretary and those assistants that the board designates may administer all oaths or affirmations required by law, including the oath of office.

history: (History: Added by Stats. 1997, Ch. 373, Sec. 7. Effective January 1, 1998.)

article: 4. Officers


text:
The power and duties of the general manager are all of the following:

(a) To head the administrative branch of the VTA and to be responsible to the board of directors for the proper administration of all affairs of the VTA.

(b) To appoint, supervise, suspend, or remove VTA officers other than the members of the board and officers appointed by the board.

(c) To supervise and direct the preparation of the annual budget for the board and be responsible for its administration after its adoption.

(d) To formulate and present to the board plans for transit and other transportation facilities within the boundaries of the VTA and the means to finance them.

(e) To supervise the planning, acquisition, construction, maintenance, and operation of the transit facilities of the VTA and other transportation facilities within the boundaries of the VTA, as needed.

(f) To attend all meetings of the board.

(g) To prepare and submit to the board as soon as practicable after the end of each fiscal year a complete report of the finances and administrative activities of the VTA for the preceding year.

(h) To perform other and additional duties as the board may require.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 31. (AB 2196) Effective January 1, 2017.)

article: 5. General Manager

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 4. Government of VTA > 5. General Manager


text: The VTA has perpetual succession and may adopt a seal and alter it at its pleasure.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 33. (AB 2196) Effective January 1, 2017.)

chapter: 5. Powers and Functions of VTA

article: 1. Corporate Power

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 5. Powers and Functions of VTA > 1. Corporate Power


text: The VTA may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 34. (AB 2196) Effective January 1, 2017.)

article: 1. Corporate Power


text: All claims for money or damages against the VTA are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 35. (AB 2196) Effective January 1, 2017.)

article: 1. Corporate Power


text:
(a) The VTA shall not levy any tax pursuant to Section 100250 unless approved by the electors voting on the measure in accordance with Article XIIIC of the California Constitution at a special election called for that purpose by the board of directors.

(b) Whenever a bond election is held to authorize incurring bonded indebtedness pursuant to Section 100400, the ordinance calling the election shall include a statement of the tax or taxes to be levied or continued to be levied and used, to the extent those taxes are required to pay principal of and interest on the bonds as the same become due, to provide any sinking fund payments required therefor, or to create or maintain any reserve fund required therefor. A vote in favor of the issuance of the bonds shall authorize the board to levy and collect such taxes. The ordinance levying the taxes shall not be repealed until all bonds payable from the revenues derived from the taxes have been fully paid or provision has been made for their payment in full.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 36. (AB 2196) Effective January 1, 2017.)

article: 1. Corporate Power


text: Except as otherwise provided in this part, VTA elections shall be called, held, and conducted as provided by the Uniform District Election Law.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 37. (AB 2196) Effective January 1, 2017.)

article: 1. Corporate Power


text: The VTA may exercise any and all powers granted by any other law that, by its terms, is applicable to transit districts generally, to public agencies generally, or to any classification of districts or public agencies that includes an entity of the type provided for in this part, but the VTA shall not exercise any power contrary to an express provision of this part.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 38. (AB 2196) Effective January 1, 2017.)

article: 1. Corporate Power


text:
(a) The VTA may administer and implement any adopted countywide transportation expenditure plan funded in an amount greater than 50 percent from revenues derived from a retail transaction and use tax, if so designated in the plan or if the VTA and the entity that imposes the tax have entered into an agreement that so provides. The VTA may exercise those powers necessary to carry out this purpose.

(b) The VTA may do any and all things necessary to ensure the completion of any projects established in a plan as set forth in subdivision (a). These projects may include, but are not limited to, all of the following:

(1) The construction and improvement of state highways.

(2) The construction, maintenance, and improvement of local roads, streets, and county highways.

(3) The construction, improvement, and operation of public transit systems, including paratransit services.

(4) The construction and improvement of bicycle and other transportation facilities.

(c) The VTA shall consult with and coordinate any actions for administering and implementing a plan as set forth in subdivision (a) with the cities in the county, the board of supervisors, and the Department of Transportation.

(d) Nothing in this section shall vary the terms of the cooperative agreement dated July 1, 1999, between the VTA and the County of Santa Clara for the construction of transportation projects utilizing local transaction and use tax revenues derived from Santa Clara County general tax Measure B approved by the voters in November 1996. If any of the provisions of this section conflict with the provisions of that cooperative agreement, the provisions of the cooperative agreement shall take precedence.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 39. (AB 2196) Effective January 1, 2017.)

article: 1. Corporate Power


text: The VTA may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, without limiting the generality of the foregoing, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this part.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 40. (AB 2196) Effective January 1, 2017.)

article: 2. Contracts

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 5. Powers and Functions of VTA > 2. Contracts


text: The VTA may contract with any department or agency of the United States of America, with any public agency or with any person upon terms and conditions as the board finds is for the best interest of the VTA.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 41. (AB 2196) Effective January 1, 2017.)

article: 2. Contracts


text: The VTA may insure against any accident or destruction of the system or any part thereof. The VTA may insure against loss of revenues from any cause whatsoever. It may provide, in the proceedings authorizing the issuance of any bonds, for the carrying of insurance in an amount and of a character as may be specified and for the payment of premiums thereon. The VTA may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 42. (AB 2196) Effective January 1, 2017.)

article: 2. Contracts


text: The VTA may contract for the services of independent contractors.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 43. (AB 2196) Effective January 1, 2017.)

article: 2. Contracts


text: The Santa Clara County Transit District, which was established with the approval of the voters in 1972, shall continue as an entity under the control of its governing board as reorganized pursuant to the amendments to this part by statutes that were enacted in 1994. Nothing in the act that added this section during the second year of the 1993–94 Regular Session shall be construed to alter, impair, or terminate existing contracts between the district and other parties, including, but not limited to, funding agreements, grants, labor agreements, agreements entered into pursuant to Section 13(c) of the Federal Transit Act and its antecedents, bonds, notes, equipment trust certificates, or other obligations of the district. All rights and powers of the district shall continue in full force and effect and no affirmation, adoption, or assumption by the board of directors is required for that continuation. The VTA shall become the successor to certain county contracts as provided by agreement between the county and the VTA.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 44. (AB 2196) Effective January 1, 2017.)

article: 2. Contracts


text: The VTA may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind within or without the boundaries of the VTA necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without the boundaries of the VTA necessary to the full or convenient exercise of its powers.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 45. (AB 2196) Effective January 1, 2017.)

article: 3. Property

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 5. Powers and Functions of VTA > 3. Property


text:
(a) The VTA may take by gift, or take or convey by grant, purchase, devise, or lease, and hold and enjoy, real and personal property of every kind within or without the boundaries of the VTA necessary for, incidental to, or convenient for, transit-oriented joint development projects that meet the definition and requirement set forth in subdivision (b).

(b) (1) For purposes of this section, a transit-oriented joint development project is a commercial, residential, or mixed-use development that is undertaken in connection with existing, planned, or proposed transit facilities and is located 14 mile or less from the external boundaries of that facility.

(2) Any transit-oriented joint development project created under this section shall comply with the land use and zoning regulations of the city, county, or city and county in which the project is located.

(c) Notwithstanding Sections 53090 and 53091 of the Government Code or any other provision of law, the authority granted under this section is subject to the land use and zoning regulations of the city, county, or city and county jurisdiction in which the transit-oriented joint development is located, in accordance with the Planning and Zoning Law (Title 7 (commencing with Section 65000) of the Government Code), relating to zoning.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 46. (AB 2196) Effective January 1, 2017.)

article: 3. Property


text:
(a) The VTA may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The VTA, in exercising this power, shall in addition to the damages for the taking, injury, or destruction of property, also pay the cost, exclusive of betterment and with credit for salvage value, of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility that are required to be moved to a new location.

(b) No taking or acquisition by the VTA that would involve the abandonment, removal, relocation, or use of the property of a railroad corporation, as defined in Section 230, shall be permitted, unless the Public Utilities Commission, after a hearing, shall find and determine that the public interest and necessity require the abandonment, removal, relocation, or use of that property and that the taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 47. (AB 2196) Effective January 1, 2017.)

article: 3. Property


text: The Public Utilities Commission of the state shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property of a public utility in eminent domain proceedings brought by the VTA. The VTA may commence and maintain the eminent domain proceedings in the Public Utilities Commission or the superior court at its option.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 48. (AB 2196) Effective January 1, 2017.)

article: 3. Property


text: The VTA is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to any public agency to construct or maintain roads, highways, or other crossings over any public or private lands.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 49. (AB 2196) Effective January 1, 2017.)

article: 3. Property


text:
For purposes of this article, the following terms shall have the following meanings:

(a) “Construction Manager/General Contractor method” or “CMGC” means the Construction Manager/General Contractor method as defined in subdivision (b) of Section 6951 of the Public Contract Code.

(b) “Construction manager” means a construction manager as defined in subdivision (c) of Section 6951 of the Public Contract Code.

history: (History: Added by Stats. 2013, Ch. 320, Sec. 1. (AB 797) Effective January 1, 2014.)

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 5. Powers and Functions of VTA > 4. Construction Manager/General Contractor Project Delivery Contracts


text:
(a) Subject to the limitations of this article, the authority may utilize the CMGC project delivery method for public transit projects within its jurisdiction.

(b) The authority may enter into a CMGC project delivery method contract pursuant to this article if, after evaluation of the traditional design-bid-build process of construction and of the CMGC project delivery method in a public meeting, the authority makes a written finding that use of the CMGC project delivery method on the specific project under consideration will accomplish one or more of the following objectives: reduce project costs, expedite the project’s completion, or provide features not achievable through the design-bid-build method. This finding shall be made prior to the authority entering into a CMGC project delivery method contract. In the CMGC project delivery method proposal, the written findings shall be included as part of an application for state funds for a transit project.

article: 4. Construction Manager/General Contractor Project Delivery Contracts


text: Any public works project that is contracted for pursuant to this article shall be subject to the requirements of Section 1771.4 of the Labor Code.

history: (History: Repealed and added by Stats. 2014, Ch. 28, Sec. 85. (SB 854) Effective June 20, 2014.)


text:
(a) If a contract for CMGC services is entered into pursuant to this article and includes preconstruction services by the construction manager, the VTA shall enter into a written contract with the construction manager for preconstruction services, under which the VTA shall pay the construction manager a fee for preconstruction services in an amount agreed upon by the VTA and the construction manager. The preconstruction services contract may include fees for services to be performed during the contract period. The VTA shall not request or obtain a fixed price or a guaranteed maximum price for the construction contract from the construction manager or enter into a construction contract with the construction manager until after the VTA has entered into a services contract. A preconstruction services contract shall provide for the subsequent negotiation for construction of all or any discrete phase or phases of the project and shall provide for the VTA to own the design plans and other preconstruction services work product.

(b) A contract for construction services shall be awarded after the plans have been sufficiently developed and either a fixed price or a guaranteed maximum price has been successfully negotiated. In the event that a fixed price or a guaranteed maximum price is not negotiated, the VTA may award the contract for construction services utilizing any other procurement method authorized by law.

(c) The construction manager shall perform not less than 30 percent of the work covered by the fixed price or guaranteed maximum price agreement reached. Work that is not performed directly by the construction manager shall be bid to subcontractors pursuant to Section 6955 of the Public Contract Code.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 50. (AB 2196) Effective January 1, 2017.)


text: Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.


text:
(a) Upon completion of a project using the CMGC project delivery method, the VTA shall prepare a progress report to the board of directors. The progress report shall include, but shall not be limited to, all of the following information:

(1) A description of the project.

(2) The entity that was awarded the project.

(3) The estimated and actual costs of the project.

(4) The estimated and actual schedule for project completion.

(5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the project, including, but not limited to, the resolution of the protests.

(6) An assessment of the prequalification process and criteria utilized under this article.

(7) A description of the method used to evaluate the bid or proposal, including the weighting of each factor and an assessment of the impact of this requirement on a project.

(8) A description of any challenges or unexpected problems that arose during the construction of the project and a description of the solutions that were considered and ultimately implemented to address those challenges and problems.

(9) Recommendations to improve the CMCG project delivery method authorized under this article.

(b) The progress report shall be made available on the VTA’s Internet Web site.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 51. (AB 2196) Effective January 1, 2017.)


text:
(a) The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(b) Contracts awarded pursuant to this article shall be valid until the project is completed.


text:
For purposes of this article, the following definitions apply:

(a) “Job order contract” means an indefinite-quantity contract for repair, remodeling, or other repetitive work to be done according to unit prices.

(b) “Typical work” means a work description applicable universally or applicable to a large number of individual projects, as distinguished from work specifically described with respect to an individual project.

(c) “Unit price” means the amount paid for a single unit of an item of work.

history: (History: Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, pursuant to Sec.100157.9.)

article: 4.5. Job Order Contracting

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 5. Powers and Functions of VTA > 4.5. Job Order Contracting


text:
(a) The VTA may enter into a job order contract.

(b) The VTA shall not enter into a job order contract for work that is protected by collective bargaining agreements.

(c) The VTA shall not enter into a job order contract for new construction.

(d) The VTA may enter into a job order contract only if the job order contract, and the task orders within the contract, is subject to the project labor agreement between the VTA and the Santa Clara and San Benito Counties Building and Construction Trades Council, unless otherwise exempted by that project labor agreement.

(e) The VTA shall only enter into a job order contract with the lowest responsible and responsive bidder, based on the bidder’s plans and specifications for typical work.

(f) A single job order contract shall not exceed five million dollars ($5,000,000) in the first term of the job order contract and, if extended or renewed, ten million dollars ($10,000,000) over the maximum of two extended terms of the job order contract.

(g) (1) The VTA may execute a job order contract for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two additional 12-month periods. An extension or renewal shall be priced as provided in the invitation for bids. An extension or renewal shall be mutually agreed to by the VTA and the contractor pursuant to the job order contract.

(2) The job order contract shall specify that its term will not exceed the contract term or the date that the maximum value of the contract is achieved, whichever is earlier.

article: 4.5. Job Order Contracting


text:
(a) (1) If the VTA acts pursuant to the authorization in subdivision (a) of Section 100157.5, then the VTA, on or before January 1, 2027, shall submit to the appropriate policy and fiscal committees of the Legislature a report on the use of job order contracting under this article.

(2) The report shall include, but not be limited to, all of the following information:

(A) A description of the VTA’s system for evaluating job order contract bids for award of job order contracts, including, but not limited to, the criteria used by the VTA to determine a qualified and responsive job order contractor.

(B) A description of each job order contract awarded and the contractor awarded the contract.

(C) An assessment of the use of job order contracting under this article.

(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

article: 4.5. Job Order Contracting


text: This article shall remain in effect only until January 1, 2028, and as of that date is repealed.

history: (History: Added by Stats. 2022, Ch. 803, Sec. 2. (AB 2763) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 4.5 commencing with Sec. 100157.)

article: 4.5. Job Order Contracting


text: The VTA may provide transit service for the transportation of passengers and their incidental baggage by any means.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 52. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 5. Powers and Functions of VTA > 5. Transit Facilities and Service


text: The VTA may provide facilities, including streets and highways, for the movement of vehicles, bicycles, and pedestrians. All installations in state highways shall be developed and implemented with the concurrence and under the oversight of the Department of Transportation. The installation shall conform to requirements and regulations established by the Department of Transportation.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 53. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text: The VTA may enter into agreements with any city within the boundaries of the VTA or with the County of Santa Clara to improve a street, road, highway, or expressway under the jurisdiction of the city or county. This section does not apply to highways under the jurisdiction of the state, unless specifically permitted elsewhere in statute.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 54. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text:
The VTA may operate charter bus service subject to the following limitations:

(a) No bus equipment that is designed solely for charter service shall be purchased. A bus equipped with a toilet or underfloor baggage compartment shall be deemed charter equipment.

(b) The board shall hold a public hearing prior to adopting a charter rate schedule or any amendment thereof. Notice of the hearing shall be mailed to each charter-party carrier operating within the district at least 30 days prior to the hearing. The notice shall include the proposed charter rate schedule. At the close of the public hearing the board may adopt charter rate schedules that shall not be less than the average for the three largest private charter-party carriers operating similar service within the boundaries of the VTA.

(c) Charter service shall originate and terminate within the area served by the VTA unless a private charter-party carrier requests the VTA to provide service beyond the area served by the VTA.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 55. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text:
(a) Notwithstanding Section 100160.5 or any other law, a district may provide charter bus service for the 2026 FIFA World Cup during the period from June 1, 2026, to July 31, 2026, inclusive, if all of the following conditions are met:

(1) Bus equipment that is designed solely for charter service is not purchased. A bus equipped with a toilet or underfloor baggage compartment shall be deemed charter equipment.

(2) Charter service originates and terminates within the area served by the district unless a private charter-party carrier requests the district to provide service beyond the area served by the district.

(3) The district establishes a schedule of rates for charter bus services that are incidental to the holding of the 2026 FIFA World Cup in the area authorized to be served pursuant to paragraph (2) subject to the following requirements:

(A) The rates for charter-party bus services established under this subdivision are sufficient to pay all marginal costs related to those charter bus services and contribute financially to the reduction of deficits incurred by the district in the operation of scheduled route services.

(B) The rates are at least equal to the average of the lowest rates charged by the three largest private charter-party carriers operating similar service in the greater San Francisco Bay area.

(C) The schedule of rates are effective from June 1, 2026, to July 31, 2026, inclusive.

(4) The district provides charter bus service for the events to the extent that private charter-party carriers are not capable of providing that service.

(b) This section does not override any collective bargaining agreement between the district and a labor organization that represents employees of the district and does not authorize the district to provide charter bus service via contracting with private entities. Any charter bus service provided pursuant to this section shall be operated by the district with employees of the district.

(c) For purposes of this section, the following definitions apply:

(1) “District” means the VTA and any other public transportation operator providing public transit services in any portion of the greater San Francisco Bay area.

(2) “Greater San Francisco Bay area” means the region comprised of the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma.

(3) “Not capable of providing that service” includes, but is not limited to, the inability to meet requirements, including, but not limited to, requirements with regard to unique equipment, fuel type, number of doors, frequency, public safety, accommodations for standing passengers, handicap accessibility, or the nature of the service.

(d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Added by Stats. 2025, Ch. 109, Sec. 6. (SB 153) Effective September 17, 2025. Repealed as of January 1, 2027, by its own provisions.)

article: 5. Transit Facilities and Service


text:
(a) The VTA may acquire, construct, own, operate, control, or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals, and any and all facilities necessary or convenient for transit service within or partly without the boundaries of the VTA, underground, upon, or above the ground and under, upon, or over public streets or other public ways or waterways, together with all physical structures, including parking lots and day care centers and related child care facilities, that are necessary or convenient for the access of persons or vehicles thereto. The VTA may acquire any interest in or rights to use or the joint use of any or all of those facilities.

(b) The VTA may acquire, construct, and provide for repair and maintenance of any and all facilities necessary or convenient for vehicular and pedestrian transportation, within or partly without the boundaries of the VTA, underground, upon, or above the ground, together with all physical structures, including parking lots and soundwalls, that are necessary or convenient therefor. In this connection, the VTA may exercise any power with respect to highways granted to counties under Article 1 (commencing with Section 760) of Chapter 4 of Division 1 of the Streets and Highways Code in connection with any project included in the countywide transportation plan and an adopted regional transportation plan, but shall not usurp or impinge upon the powers and responsibilities granted to the county with regard to county highways. Highway and other transportation expenditures shall be consistent with adopted regional transportation plans and programs.

(c) VTA installations in freeways shall be subject to the approval of the Department of Transportation. Installations in other state highways shall be subject to Article 2 (commencing with Section 670) of Chapter 3 of Division 1 of the Streets and Highways Code. Installations in county highways and city streets shall be subject to similar encroachment permits.

(d) The VTA shall not use any state transportation funds, including, but not limited to, moneys in the State Highway Account, or the Transportation Planning and Development Account, in the State Transportation Fund, and passenger rail and clean air bond act money to acquire, construct, or operate day care centers and related child care facilities.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 56. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text: The VTA may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by an operator upon terms and conditions as it deems in the public interest. The word “operator” as used in this section means any public agency or any person.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 57. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text: The board may contract with any public agency or person to provide transit or transportation facilities and services for the VTA.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 58. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text:
(a) The VTA may construct and operate or acquire and operate transit works and facilities and may construct, acquire, and provide for repair and maintenance of transportation facilities, in, under, upon, over, across, or along any state or public highway or any stream, bay, or watercourse, or over any of the lands that are the property of the state, to the same extent that the rights and privileges appertaining thereto are granted to municipalities within the state.

(b) (1) Notwithstanding subdivision (a), and subject to the approval of the Department of Transportation, the VTA may provide funding for the repair and maintenance of state highways within the boundaries of the VTA.

(2) The VTA shall not directly, or indirectly, except by providing funding pursuant to paragraph (1), repair or maintain any state highway.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 59. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text: The VTA may enter into agreements for the joint use of any property and rights by the VTA 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, and wholly or partially within or without the boundaries of the VTA, for the joint use of any property of the VTA or of the public agency or public utility, or the establishment of through routes, joint fares, transfer of passengers, or pooling arrangements.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 60. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text: The rates and charges, if any, for transit service furnished pursuant to this part shall be fixed by the board and shall be reasonable.

history: (History: Added by Stats. 1969, Ch. 180.)

article: 5. Transit Facilities and Service


text: The VTA shall be subject to the provisions of Division 14.8 (commencing with Section 34500) of the Vehicle Code with respect to operation of buses and to the rules and regulations enforceable by the State of California Highway Patrol pursuant to that chapter regulating the safe operation of buses.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 61. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text: The VTA shall be subject to the 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 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.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 62. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text: The VTA and any one or more school districts located within its boundaries may enter into agreements pursuant to which school transportation equipment may be used for transit purposes within the VTA’s boundaries during any time that the equipment is not actually required for school purposes.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 63. (AB 2196) Effective January 1, 2017.)

article: 5. Transit Facilities and Service


text: The VTA may accept, without limitation by any other provisions of this part requiring approval of indebtedness, contributions, grants, or loans from any public agency or the United States or any department, instrumentality, or agency thereof, for the purpose of financing the acquisition, construction, maintenance, or operation of transit facilities, or the acquisition and construction of transportation facilities. The VTA may enter into contracts and cooperate with, and accept cooperation from, any public agency or the United States, or agency thereof, in the acquisition, construction, maintenance, or operation, and in financing the acquisition, construction, maintenance, or operation of any transit facilities or in the acquisition and construction of any transportation facilities in accordance with any legislation that Congress or the Legislature of the State of California may have heretofore adopted or may hereafter adopt, under which aid, assistance, and cooperation may be furnished by the United States or any public agency in the acquisition, construction, maintenance, and operation of any transit or transportation facilities. The VTA may do any and all things necessary in order to avail itself of aid, assistance, and cooperation under any federal or state legislation now or hereafter enacted. Any evidence of indebtedness issued under this section shall constitute a negotiable instrument.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 64. (AB 2196) Effective January 1, 2017.)

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 5. Powers and Functions of VTA > 6. Public Grants, Loans and Contributions


text: The VTA may obtain temporary transfers of funds in accordance with the last paragraph of Section 6 of Article XVI of the California Constitution.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 65. (AB 2196) Effective January 1, 2017.)

article: 6. Public Grants, Loans and Contributions


text: A retail transactions and use tax ordinance may be adopted by the board of directors in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, if the electors voting on the measure vote in accordance with Article XIII C of the California Constitution to authorize its enactment at a special election called for that purpose by the board of directors.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 66. (AB 2196) Effective January 1, 2017.)

article: 9. Retail Transaction and Use Tax

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 5. Powers and Functions of VTA > 9. Retail Transaction and Use Tax


text: Any transactions and use tax ordinance adopted shall be operative in accordance with Section 7265 of the Revenue and Taxation Code.

history: (History: Amended by Stats. 2007, Ch. 430, Sec. 2. Effective January 1, 2008.)

article: 9. Retail Transaction and Use Tax


text: The VTA may contract with the State Board of Equalization for its service in the preparations necessary to administer a transaction and use tax ordinance. The costs to be covered by the contract are to be for services of the types described in Section 7272 of the Revenue and Taxation Code for preparatory work up to the date of the adoption of the ordinance. Any disputes as to the amount of the costs shall be resolved in the same manner as provided in that section.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 67. (AB 2196) Effective January 1, 2017.)

article: 9. Retail Transaction and Use Tax


text: Prior to the operative date of the transaction and use tax ordinance, the VTA shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 68. (AB 2196) Effective January 1, 2017.)

article: 9. Retail Transaction and Use Tax


text: If the VTA shall not have contracted with the State Board of Equalization prior to the operative date of its transaction and use tax ordinance, it shall nevertheless so contract, and, in that case, the operative date shall be the first day of the first calendar quarter following the execution of the contract.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 69. (AB 2196) Effective January 1, 2017.)

article: 9. Retail Transaction and Use Tax


text: Repeal of the transactions and use tax ordinance shall not be operative earlier than the first day of the first calendar quarter following the adoption of the ordinance of repeal.

history: (History: Added by Stats. 1974, Ch. 1204.)

article: 9. Retail Transaction and Use Tax


text:
Whenever a bond election is held to authorize a bonded indebtedness pursuant to Section 100400, the ordinance calling the election may include a statement that the transaction and use taxes, or a stated portion thereof, shall be levied, or continued to be levied, and used to the extent required to pay the principal of, and interest on, the bonds as they become due, to provide any sinking fund payments required therefor, and to create or maintain any reserve fund required therefor.

A vote in favor of the issuance of the bonds shall authorize the use of such taxes for such purposes. The transactions and use tax ordinance shall not be repealed until all bonds payable from the revenues derived from such taxes have been fully paid or provision has been made for their payment in full.

article: 9. Retail Transaction and Use Tax


text: Employees shall have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

chapter: 6. Personnel

article: 1. Employee Relations

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 6. Personnel > 1. Employee Relations


text: Any question which may arise with respect to whether a majority of employees in an appropriate unit desire to be represented by a labor organization shall be submitted to the Public Employment Relations Board. In resolving those questions of representation including the determination of the appropriate unit or units, petitions, the conduct of hearings and elections, the board shall apply the relevant federal law and administrative practice developed under the Labor Management Relations Act of 1947, as amended, and for this purpose shall adopt appropriate rules and regulations. The California State Mediation and Conciliation Service shall administer the rules and regulations and shall provide for a prompt public hearing and secret ballot election to determine the question of representation and shall certify the results to the parties. Any certification of a labor organization to represent or act for the employees in any collective bargaining unit shall not be subject to challenge on the grounds that a new substantial question of representation within the collective bargaining unit exists until the lapse of one year from the date of certification or the expiration of any collective bargaining agreement, whichever is later, except that no collective bargaining agreement shall be considered to be a bar to representation proceedings for a period of more than two years.

history: (History: Amended by Stats. 2012, Ch. 46, Sec. 131. (SB 1038) Effective June 27, 2012.)

article: 1. Employee Relations


text: Whenever a majority of the employees employed by the VTA in a unit appropriate for collective bargaining indicate a desire to be represented by a labor organization and upon determining, as provided in Section 100301, that said labor organization represents at least a majority of the employees in the appropriate unit, the board and the accredited representative of employees shall bargain in good faith and make all reasonable efforts to reach agreement on the terms of a written contract governing wages, hours, and working conditions.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 70. (AB 2196) Effective January 1, 2017.)

article: 1. Employee Relations


text:
(a) A contract or agreement shall not be made with any labor organization, association, group, or individual that denies membership on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. However, the organization may preclude from membership any individual who advocates the overthrow of the government by force or violence.

(b) The VTA shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 71. (AB 2196) Effective January 1, 2017.)

article: 1. Employee Relations


text: If, after a reasonable period of time, representatives of the VTA and the accredited representatives of the employees fail to reach agreement on the terms of a written contract governing wages, hours, pensions, and working conditions or the interpretation or application of the terms of an existing contract, either party may request mediation services of the State Conciliation Service.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 72. (AB 2196) Effective January 1, 2017.)

article: 1. Employee Relations


text: If, after a reasonable period of time, representatives of the VTA and the accredited representatives of the employees fail to reach agreement either on the terms of a written contract governing wages, hours, pensions, and working conditions or the interpretation or application of the terms of an existing contract, upon the agreement of both the VTA and the representatives of the employees, the dispute may be submitted to an arbitration board and the decision of the majority of the arbitration board shall be final and binding. The arbitration board shall be composed of two representatives of the district and two representatives of the labor organization, and they shall endeavor to agree upon the selection of a fifth member. If they are unable to agree, the names of five persons experienced in labor arbitration shall be obtained from the State Conciliation Service. The labor organization and the VTA shall, alternately, strike a name from the list so supplied, and the name remaining after the labor organization and the VTA have stricken four names, shall be designated as the fifth arbitrator and chairman of the board of arbitration. The labor organization and the VTA shall determine by lot who shall first strike a name from the list. The decision of a majority of the arbitration board shall be final and binding upon the parties thereto. Each party shall be responsible for the expense of the presentation of its case. All other expenses of arbitration shall be borne equally by the parties and said expenses may include the making of a verbatim record of the proceedings and transcript of that record.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 73. (AB 2196) Effective January 1, 2017.)

article: 1. Employee Relations


text:
(a) Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code is not applicable to the VTA.

(b) The amendments to this section made at the 1995–96 Regular Session are not intended to modify, and shall not have the effect of modifying, an existing bargaining unit determination made by the Department of Industrial Relations pursuant to Section 100301.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 75. (AB 2196) Effective January 1, 2017.)

article: 1. Employee Relations


text: County employees and employees of the Santa Clara County Congestion Management Agency who, on a date or dates determined by the board of directors, terminate their employment and immediately thereafter become employees of the VTA, shall transfer to the VTA, and the VTA shall assume liability for, all of their accrued and unused vacation, sick leave, personal leave, compensating time off, STO balances, and days of accrued service in accordance with the records of their former employer in lieu of any payment by the former employer for those balances. Those employees who were covered by a county or congestion management agency pension plan shall be entitled to the same or equivalent rights, options, privileges, benefits, obligations, accrued service, and status under the pension plan of the VTA.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 76. (AB 2196) Effective January 1, 2017.)

article: 1. Employee Relations


text:
(a) It is a primary purpose of this article to promote the improvement of personnel management and employer-employee relations within the VTA by providing a uniform basis for recognizing the right of employees to join employee organizations of their own choice, to be represented, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford employees a voice at work.

(b) The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of the Public Employment Relations Board as described in Section 3541.3 of the Government Code, shall have jurisdiction pursuant to subdivision (b) of Section 100310 to enforce this article and the regulations of the Public Employment Relations Board shall apply to this article. The Public Employment Relations Board shall perform its duties under this section consistent with its regulations and may make additional regulations. The Public Employment Relations Board may also adopt, amend, or repeal all rules and regulations necessary to carry out this article as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption, amendment, or repeal of regulations pursuant to this subdivision is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code.

history: (History: Added by Stats. 2022, Ch. 789, Sec. 1. (AB 2524) Effective January 1, 2023.)

article: 1. Employee Relations


text:
(a) This article shall not displace or supplant the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code, and the impasse resolution and injunctive relief procedures provided for pursuant to Sections 3612 to 3614, inclusive, of the Government Code shall remain exclusive.

(b) (1) An exclusive representative for employees of the VTA may select to move one or more of its represented bargaining units to the jurisdiction of the Public Employment Relations Board for unfair practice charges. A selection for Public Employment Relations Board jurisdiction pursuant to this paragraph with regard to a bargaining unit shall be irrevocable for that unit. The exclusive representative shall file notification of such a selection with the general counsel of the Public Employment Relations Board, or a designee, and serve one or more of the following:

(A) The general manager, chief executive officer, or the equivalent, of the VTA.

(B) The general legal counsel, or the equivalent, of the VTA.

(C) The VTA, pursuant to applicable regulations.

(2) If a selection is made pursuant to paragraph (1) for Public Employment Relations Board jurisdiction over unfair practice charges, the initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this article, is a matter within the exclusive jurisdiction of the Public Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall not award strike-preparation expenses as damages and shall not award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike.

history: (History: Added by Stats. 2022, Ch. 789, Sec. 2. (AB 2524) Effective January 1, 2023.)

article: 1. Employee Relations


text: The VTA shall give reasonable written notice to an exclusive representative of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the VTA regarding the proposed changes.

history: (History: Added by Stats. 2022, Ch. 789, Sec. 3. (AB 2524) Effective January 1, 2023.)

article: 1. Employee Relations


text:
(a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the Public Employment Relations Board in an unfair practice case, except a decision of that board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from that decision or order.

(b) A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over any county in which the VTA operates. The petition shall be filed within 30 days from the date of the issuance of the Public Employment Relations Board’s final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the Public Employment Relations Board and thereafter shall have jurisdiction of the proceeding. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by that board, within 10 days after the clerk’s notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part, the decision or order of the Public Employment Relations Board. The findings of the Public Employment Relations Board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this section.

(c) If the time to petition for extraordinary relief from a Public Employment Relations Board decision or order has expired, the Public Employment Relations Board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The Public Employment Relations Board shall respond within 10 days to any inquiry from a party to the action as to why the Public Employment Relations Board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the Public Employment Relations Board’s final decision or order, the Public Employment Relations Board shall seek enforcement of the final decision or order upon the request of the party. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by that board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after the hearing, the court determines that the order was issued pursuant to the procedures established by the Public Employment Relations Board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order.

history: (History: Added by Stats. 2025, Ch. 454, Sec. 1. (AB 1510) Effective January 1, 2026.)

article: 1. Employee Relations


text:
(a) Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings by eminent domain or otherwise, to the extent necessary for operation of facilities, all of the employees of the public utility whose duties pertain to the facilities acquired who have been employed by said utility for at least 75 days shall be appointed to comparable positions in the VTA without examination and these employees shall be given sick leave, seniority, and vacation credits in accordance with the records of the acquired public utility. No employee of any acquired public utility shall suffer any worsening of wages, seniority, pension, vacation, or other benefits by reason of the acquisition.

(b) Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, the VTA shall assume and observe all existing labor contracts.

(c) The provisions of this section apply only to those officers or supervisory employees of the acquired utility as shall be designated by the board.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 78. (AB 2196) Effective January 1, 2017.)

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 6. Personnel > 2. Rights of Employees of Existing Facilities


text: Whenever the VTA acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, that has a pension plan in operation, members and beneficiaries of the pension plan shall continue to have the rights, privileges, benefits, obligations, and status with respect to the established system. The outstanding obligations and liabilities of the public utility by reason of the pension plan shall be considered and taken into account and allowance made therefor in the purchase price of the public utility. The persons entitled to pension benefits as provided for in this section and the benefits that are provided shall be specified in the agreement or order by which any public utility is acquired by the VTA.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 79. (AB 2196) Effective January 1, 2017.)

article: 2. Rights of Employees of Existing Facilities


text: The board may establish a retirement system for the officers and employees of the VTA and provide for the payment of annuities, pensions, retirement allowances, disability payments, and death benefits or any of them. The adoption, terms, and conditions of any retirement system covering employees of the VTA in a bargaining unit represented by a labor organization shall be pursuant to a collective bargaining agreement between the labor organization and the VTA. For purposes of this section, “officers” does not include members of the board of directors.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 80. (AB 2196) Effective January 1, 2017.)

article: 3. Pension Plan

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 6. Personnel > 3. Pension Plan


text: The board may contract with the board of administration of the Public Employees’ Retirement System and enter all or any portion of its employees under that system if no employees of the VTA in a bargaining unit that is represented by a labor organization are included in the contract except as authorized by a collective bargaining agreement.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 81. (AB 2196) Effective January 1, 2017.)

article: 3. Pension Plan


text: All persons receiving pension benefits from an acquired public utility and all persons entitled to pension benefits under any pension plan of the acquired public utility may become members or receive pensions under a pension plan established by the VTA by mutual agreement of the persons and the VTA. The agreement may provide for the waiver of all rights, privileges, benefits, and status with respect to the pension plan of the acquired public utility.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 82. (AB 2196) Effective January 1, 2017.)

article: 3. Pension Plan


text: The VTA shall take the steps as may be necessary to obtain coverage for the VTA and its employees under Title 2 of the Federal Social Security Act, as amended, and the related provisions of the Federal Contributions Act, as amended.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 83. (AB 2196) Effective January 1, 2017.)

article: 4. Other Benefits

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 6. Personnel > 4. Other Benefits


text: The VTA shall take the steps as may be necessary to obtain coverage for the VTA and its employees under the workers’ compensation, unemployment compensation disability, and unemployment insurance laws of the State of California.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 84. (AB 2196) Effective January 1, 2017.)

article: 4. Other Benefits


text:
Whenever the board deems it necessary for the VTA to incur a bonded indebtedness for the acquisition, construction, or repair of any or all improvements, works, property, or facilities, authorized by this part or necessary or convenient for the carrying out of the powers of the VTA, or for any other purpose authorized by this part, the board shall, by ordinance, adopted by a vote of two-thirds of all members of the board, so declare and call an election to be held within the boundaries of the VTA for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of bonds of the VTA, if the total amount of bonds issued and outstanding pursuant to this article do not exceed 15 percent of the assessed value of the taxable property of the VTA as shown by the last equalized assessment roll of the County of Santa Clara. The ordinance shall state:

(a) The purposes for which the proposed debt is to be incurred, which may include all costs and estimated costs incidental to or connected with the accomplishment of those purposes, including, without limitation, engineering, inspection, legal, fiscal agents, financial consultant, and other fees; bond and other reserve funds; working capital; bond interest estimated to accrue during the construction period and for a period not to exceed three years thereafter; and expenses of all proceedings for the authorization, issuance, and sale of the bonds.

(b) The estimated cost of accomplishing those purposes.

(c) The amount of the principal of the indebtedness.

(d) The maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 50 years from the date thereof or the date of each series thereof.

(e) The maximum rate of interest to be paid, which shall not exceed 7 percent per annum.

(f) The proposition to be submitted to the voters, which may include one or more purposes.

(g) The date of the election.

(h) The manner of holding the election and the procedure for voting for or against the measure.

(i) The ordinance may also contain a statement that the retail transaction and use tax mentioned in Article 9 (commencing with Section 100250) of Chapter 5, or a stated portion thereof, shall be levied, or continued to be levied, and used to the extent required to pay principal of and interest on the bonds as they become due, to provide for any sinking fund payments required therefor, or to create or maintain any reserve fund required therefor.

(j) The ordinance may also contain any other matters authorized by this part or any other law.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 85. (AB 2196) Effective January 1, 2017.)

path: 10. TRANSIT DISTRICTS > 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY > 7. Bonds and Other Evidences of Indebtedness > 1. Authorization and Issuance of General Obligation Bonds


text: Notice of holding of the election shall be given by publishing, pursuant to Section 6066 of the Government Code, the ordinance calling the election in at least one newspaper published within the boundaries of the VTA. No other notice of the election need be given. Except as otherwise provided in the ordinance, the election shall be conducted as other district elections.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 86. (AB 2196) Effective January 1, 2017.)

chapter: 7. Bonds and Other Evidences of Indebtedness

article: 1. Authorization and Issuance of General Obligation Bonds


text: If any proposition is defeated by the electors, the board shall not call another election on a substantially similar proposition to be held within six months after the prior election. If a petition requesting submission of such a proposition, signed by 15 percent of the district electors, as shown by the votes cast for all candidates for governor within the district at the last gubernatorial election, is filed with the board, it may call an election before the expiration of six months.

history: (History: Added by Stats. 1974, Ch. 1204.)


text: If a majority of the electors voting on the proposition vote for it, then the board may, by resolution, at a time or times as it deems proper, issue bonds of the VTA for the whole or any part of the amount of the indebtedness so authorized and may from time to time, by resolution, provide for the issuance of amounts as the necessity thereof may appear, until the full amount of the bonds authorized shall have been issued. The full amount of bonds may be divided into two or more series and different dates and different dates of payment fixed for the bonds of each series. A bond need not mature on an anniversary of its date. The maximum term the bonds of any series shall run before maturity shall not exceed 50 years from the date of each series respectively. In the resolution or resolutions, the board shall prescribe the form of the bonds, including, without limitation, registered bonds and coupon bonds, and the form of any coupons to be attached thereto, the registration, conversion, and exchange privileges, if any, pertaining thereto, and fix the time when the whole or any part of the principal shall become due and payable.

history: (History: Amended by Stats. 2016, Ch. 381, Sec. 87. (AB 2196) Effective January 1, 2017.)