BILL NUMBER: AB 112 CHAPTERED
BILL TEXT
CHAPTER 81
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JULY 9, 2009
PASSED THE ASSEMBLY APRIL 30, 2009
AMENDED IN ASSEMBLY MARCH 25, 2009
AMENDED IN ASSEMBLY MARCH 16, 2009
INTRODUCED BY Assembly Member Beall
(Coauthors: Assembly Members Coto and De Leon)
JANUARY 13, 2009
An act to amend Sections 100001.5, 100161, 100163, and 100164 of
the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 112, Beall. Santa Clara Valley Transportation Authority.
Existing law, the Santa Clara Valley Transportation Authority Act,
authorizes the Santa Clara Valley Transportation Authority to
acquire and construct transportation facilities necessary or
convenient for vehicular and pedestrian transportation, as specified.
This bill would also authorize the authority to provide for repair
and maintenance of those facilities. The bill would authorize the
authority to provide funding, subject to the Department of
Transportation's approval, for repair and maintenance of state
highways within its boundaries and would prohibit the authority from
repairing and maintaining any state highway.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 100001.5 of the Public Utilities Code is
amended to read:
100001.5. The Legislature hereby finds and declares:
(a) Since the formation of the Santa Clara County Transit
District, 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 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 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.
SEC. 2. Section 100161 of the Public Utilities Code is amended to
read:
100161. (a) The authority 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 authority, 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
authority may acquire any interest in or rights to use or the joint
use of any or all of those facilities.
(b) The authority 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 authority, 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 authority 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) Authority 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 authority shall not use any state transportation funds,
including, but not limited to, money 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.
SEC. 3. Section 100163 of the Public Utilities Code is amended to
read:
100163. The board may contract with any public agency or person
to provide transit or transportation facilities and services for the
district.
SEC. 4. Section 100164 of the Public Utilities Code is amended to
read:
100164. (a) The authority 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 authority may
provide funding for the repair and maintenance of state highways
within the boundaries of the authority.
(2) The authority shall not directly, or indirectly, except by
providing funding pursuant to paragraph (1), repair or maintain any
state highway.