BILL NUMBER: AB 1937	CHAPTERED  08/26/02

	CHAPTER  270
	FILED WITH SECRETARY OF STATE  AUGUST 26, 2002
	APPROVED BY GOVERNOR  AUGUST 26, 2002
	PASSED THE ASSEMBLY  AUGUST 15, 2002
	PASSED THE SENATE  AUGUST 12, 2002
	AMENDED IN SENATE  JUNE 25, 2002
	AMENDED IN SENATE  APRIL 24, 2002

INTRODUCED BY   Assembly Member Dutra
   (Coauthor:  Senator Torlakson)

                        FEBRUARY 12, 2002

   An act to add Article 9 (commencing with Section 99420) to Chapter
4 of Part 11 of Division 10 of the Public Utilities Code, relating
to transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1937, Dutra.  Transportation.
   Existing law authorizes specified transportation entities to enter
into agreements for the joint use or joint development of property
or rights.
   This bill would authorize any transit operator, as defined, to
enter into agreements with a public agency, public utility, or person
or entity, to be performed within the district or a transportation
corridor or land that will be acquired by the transit operator, for
the joint use or joint development of property or rights.  The bill
would provide that its provisions shall not supersede any existing
authority of a transit operator for joint development.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 9 (commencing with Section 99420) is added to
Chapter 4 of Part 11 of Division 10 of the Public Utilities Code, to
read:

      Article 9.  Joint Development Authority

   99420.  (a) Notwithstanding any other provision of law, a transit
operator may enter into agreements with a public agency, public
utility, or person or entity, to be performed within the district, or
a transportation corridor or land that shall be acquired by the
transit operator, for the joint use or joint development of any
property or rights of the transit operator or of the public agency,
public utility, or person or entity for the establishment of through
routes, joint fares, transfer of passengers, pooling rights, sales or
leasing, or for any other purpose necessary for, incidental to, or
convenient for, the full exercise of the powers granted to transit
operators.
   (b) As used in this section, the following terms have the
following meanings:
   (1) "Joint development" or "jointly develop" means the joint
planning, financing, construction, operation, or use of any land,
building, facility, or equipment other than vehicles, or interest
therein, either of the transit operator or adjacent to, physically
related to, or functionally related to transit facilities of the
transit operator.  Joint development may be for public, commercial,
residential, or mixed uses.
   (2) "Transit operator" means an entity that qualifies as a
claimant under Section 99203 and is eligible to receive allocations
under this chapter, and includes a joint powers authority formed to
operate a public transportation system.
   (c) The purpose of any joint development project entered into in
accordance with this section shall be to foster transit use, enhance
the transit service, or foster the integration of land use and
transportation.
   (d) For purposes of this section, a transit operator is prohibited
from engaging in agreements unrelated to the transportation purposes
and mission of the transit operator.
   (e) Any transit oriented joint development project undertaken
pursuant to this section shall comply with the land use and zoning
regulations of the city, county, or city and county in which the
project is located in accordance with the Planning and Zoning Law
(Chapter 1 (commencing with Section 65000) of Division 1 of Title 7
of the Government Code) relating to zoning.
   (f) This section shall not supersede any existing authority of a
transit operator for joint development.