Article 5. Transit Facilities And Service of California Public Utilities Code >> Division 10. >> Part 14. >> Chapter 5. >> Article 5.
The district may provide transit service for the
transportation of passengers and their incidental baggage by any
means, both within and outside the district.
(a) The district may engage in the business of providing
charter bus service, sightseeing service, special school service, and
other service, including any other service as may be provided by its
predecessor, the Sacramento Transit Authority.
(b) No bus equipment which is designed solely for charter service
shall be purchased. No intercity model bus shall be operated in
charter service; however, nothing in this section shall limit the
features and equipment on, or the use of, transit and suburban model
buses.
(c) 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 at least 30 days in advance to each charter-party
carrier maintaining an office or equipment point within the district,
and to each charter-party carrier or representative thereof who has
requested, in writing, to be notified of such hearings. A notice
shall include the proposed charter rate schedule. At the close of the
public hearing, the board may adopt charter rate schedules which
shall not be less than the lowest of the three largest private
charter-party carriers operating similar service in the district. For
any charter service between points within the district, the district
may establish a lower minimum charge. The designation "three largest
private charter-party carriers" refers to the three carriers with
the highest gross revenue generated from charter service originating
within the district.
(d) A charter trip shall have its origin within the district, and
the return trip shall have its destination within the district,
unless the district is requested by a private charter-party carrier
to provide a trip not having origin and return destination within the
district.
The board may contract with any public agency or person to
provide transit facilities and services for the district.
The district may construct and operate or acquire and
operate transit works and facilities in, under, upon, over, across,
or along any state or public highway or any stream, bay or water
course, or over any of the lands which are the property of the state,
to the same extent that such rights and privileges appertaining
thereto are granted to municipalities within the state.
(a) The district may enter into agreements for the joint
use of any property and rights by the district and any public agency
or public utility operating transit facilities; may enter into
agreements with any public agency or public utility operating any
transit facilities, and wholly or partially within or without the
district, for the joint use of any property of the district or of the
public agency or public utility, or the establishment of through
routes, joint fares, transfer of passengers or pooling arrangements.
(b) In addition to any power described in subdivision (a), the
district may enter into agreements for the joint use or joint
development of any property or rights by the district and any public
agency, or public utility operating transit facilities or nontransit
facilities, or both, or any other person, firm, corporation,
association, organization, or other entity, public or private,
either, in whole or in part, within or outside the district, for the
joint use or development of any nontransit facilities of the district
or of the public agency, public utility, person, firm, corporation,
association, organization, or other entity, public or private, for
the establishment of through routes, joint fares, transfer of
passengers, pooling arrangements, station cost-sharing, connector
fees, or land, air, or development rights, sales or leasing,
necessary for, incidental to, or convenient for, the full exercise of
the powers granted in this chapter. For the purpose of this section,
the following terms have the following meanings:
(1) "Joint development" includes, but is not limited to,
agreements with any person, firm, corporation, association,
organization, or other entity, public or private, to develop or to
engage in the planning, financing, construction, or operation of
nontransit district facilities or development projects adjacent, or
physically or functionally related, to district transit facilities.
(2) "Development project" includes, but is not limited to,
projects for any use or mixed use including public, commercial, or
residential uses.
(3) "Nontransit facilities," includes, but is not limited to, any
land, buildings, or equipment, or interest therein, that is used for
the production of transit revenue not arising from the operation of a
transit system.
(c) Construction projects or works of improvement for facilities
authorized by the district under the terms of a joint development
agreement that is approved under the authority conferred by this
section shall be considered a public works project subject to Chapter
1 (commencing with Section 1720) of Part 7 of Division 2 of the
Labor Code and shall be enforced by the Department of Industrial
Relations in the same manner in which it carries out this
responsibility under the Labor Code.
The rates and charges, if any, for transit service
furnished pursuant to this part shall be fixed by the board and shall
be reasonable.
The district 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 Department of the California Highway Patrol
pursuant to that chapter regulating the safe operation of buses.
The district and any one or more school districts may enter
into agreements pursuant to which school transportation equipment
may be used by the district.
(a) The district may acquire, construct, own, operate,
control, or use rights-of-way, rail lines, buslines, stations,
platforms, switches, yards, terminals, parking lots, and any and all
facilities necessary or convenient for transit service, within or
partly outside the district, underground, upon, or above the ground
and under, upon or over public streets or other public ways or
waterways, together with all physical structures necessary or
convenient for the access of persons or vehicles thereto, and may
acquire any interest in or rights to use or joint use of any or all
of the foregoing; however, installations in state freeways are
subject to the approval of the Department of Transportation, and
installations in other state highways are 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 are subject to similar encroachment permits.
(b) In addition to any power described in subdivision (a), the
district may, to the extent that it is not expressly provided for in
subdivision (a), develop, lease, jointly develop, or jointly use air
rights, land rights, development rights, rights-of-way, rail
trackage, entrances and exits, and any and all fixed facilities and
structures physically or functionally related to transit service.
(c) Construction projects or works of improvement for facilities
authorized by the district under the terms of a joint development
agreement that is approved under the authority conferred by this
section shall be considered a public works project subject to Chapter
1 (commencing with Section 1720) of Part 7 of Division 2 of the
Labor Code and shall be enforced by the Department of Industrial
Relations in the same manner in which it carries out this
responsibility under the Labor Code.
The district may lease or contract for the use of its
transit facilities, or any portion thereof, to any operator, and may
provide for subleases by such operator upon such terms and conditions
as it deems in the public interest. The word "operator" as used in
this section means any public agency or any person.