BILL NUMBER: AB 1066 CHAPTERED 08/31/01 CHAPTER 217 FILED WITH SECRETARY OF STATE AUGUST 31, 2001 APPROVED BY GOVERNOR AUGUST 30, 2001 PASSED THE ASSEMBLY AUGUST 20, 2001 PASSED THE SENATE JULY 21, 2001 AMENDED IN SENATE JULY 18, 2001 AMENDED IN SENATE JUNE 26, 2001 AMENDED IN SENATE MAY 29, 2001 INTRODUCED BY Assembly Member Dutra (Coauthors: Assembly Members Alquist, Cohn, Diaz, and Salinas) (Coauthors: Senators Figueroa, McPherson, and Sher) FEBRUARY 23, 2001 An act to amend Sections 100161, 100164, and 100170 of, and to add Sections 100001.5, 100022, and 100160.1 to, the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 1066, Dutra. Santa Clara Valley Transportation Authority. Existing law, the Santa Clara Valley Transportation Authority Act, creates the Santa Clara County Transportation Authority and prescribes the powers and duties of that authority, including the power to construct and operate or acquire and operate transit works and facilities, as specified. This bill would revise the powers and duties of the authority to permit it (1) to construct and acquire transportation facilities, as defined, (2) to provide facilities for the movement of vehicles, bicycles, and pedestrians, subject to the concurrence and oversight of the Department of Transportation with regard to the development and implementation of installations in state highways, and (3) to acquire and construct facilities necessary or convenient for vehicular and pedestrian transportation. This bill would also make conforming changes in this regard, including, but not limited to, granting the authority the right to exercise any power with respect to highways that is granted to counties, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 100001.5 is added to the Public Utilities Code, 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 of the road and highway structure in conjunction and coordination with transit improvements is 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 road and highway improvements, as well as bicycle, pedestrian, and other transportation facilities, under the conditions set forth in this part. SEC. 2. Section 100022 is added to the Public Utilities Code, to read: 100022. "Transportation works" or "transportation facilities" means any or all real and personal property, rights, or interests owned or to be acquired by the authority to facilitate the passage of vehicles or pedestrians exclusive of transit works and transit facilities. SEC. 3. Section 100160.1 is added to the Public Utilities Code, to read: 100160.1. The authority 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. SEC. 4. 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 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. 5. 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 transportation 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 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. SEC. 6. Section 100170 of the Public Utilities Code is amended to read: 100170. The authority 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 authority 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 authority 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.