Bill Text: CA AB112 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Santa Clara Valley Transportation Authority.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 81, Statutes of 2009. [AB112 Detail]

Download: California-2009-AB112-Introduced.html

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BILL NUMBER: AB 112	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Beall

                        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, as introduced, 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 the
repair and maintenance of those facilities.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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  is   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,  and 
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  and   , 
construct  , and provide for the 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.  The authority may construct and operate or acquire and
operate transit works and facilities and may construct  and
  ,  acquire  , and provide for the maintenance
of  transportation facilities, in, under, upon, over, across,
or along any state or public highway or any stream, bay or 
water course   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.