Article 5.5. Existing Systems of California Public Utilities Code >> Division 10. >> Part 14. >> Chapter 5. >> Article 5.5.
Notwithstanding any other provision of this part, before
the district may establish any transit service or system which may at
any time substantially divert, lessen, or compete for the patronage
or revenues of any privately owned transit or intercity route
existing prior to June 1, 1971, the district shall give a written
notice to the public utility which is operating the existing route.
The written notice shall describe the transit service or system which
the district proposes to establish and shall state the time within
which the district proposes to establish such service or system.
The district 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.
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
district 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.
The district and the 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.
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.