Article 3 - Activities

California Government Code — §§ 14030-14053

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Sections (45)

Amended by Stats. 2013, Ch. 353, Sec. 90. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.

The powers and duties of the department include, but are not limited to, all of the following activities:

(a)Supporting the commission in coordinating and developing, in cooperation with local and regional entities, comprehensive balanced transportation planning and policy for the movement of people and goods within the state.

(b)Coordinating and assisting, upon request of, the various public and private transportation entities in strengthening their development and operation of balanced integrated mass transportation, highway, aviation, maritime, railroad, and other transportation facilities and services in support of statewide and

regional goals.

(c)Developing, in cooperation with local and regional transportation entities, the full potential of all resources and opportunities that are now, and may become, available to the state and to regional and local agencies for meeting California’s transportation needs, as provided by statutes and, in particular, maximizing the amount of federal funds that may be available to the state and increasing the efficiency by which those funds are utilized.

(d)Planning, designing, constructing, operating, and maintaining those transportation systems that the Legislature has made, or may make, the responsibility of the department; provided that the department is not authorized to assume the functions of project planning, designing, constructing, operating, or maintaining maritime or aviation facilities without express prior approval of the Legislature with the exception of

those aviation functions that have been designated for the department in the Public Utilities Code.

(e)Coordinating and developing transportation research projects of statewide interest.

(f)Exercising other functions, powers, and duties as are or may be provided for by law.

(g)With the Department of Housing and Community Development, investigating and reporting to the Secretary of Transportation and the Secretary of Business, Consumer Services, and Housing upon the consistency between state, local, and federal housing plans and programs and state, local, and federal transportation plans and programs.

§ 14031

Added by Stats. 1976, Ch. 1270.

The Governor, the secretary, and the department may enter into such agreements, execute such documents, establish and manage such accounts and deposits, and take any other action that may be appropriate, in accordance with federal law and rules and regulations, to receive and expend funds from the federal government in connection with mass transportation programs and projects for which federal funds are available.

The department may undertake mass transportation research, development, and demonstration projects and perform technical studies related thereto, in accordance with applicable state or federal laws.

§ 14031.1

Added by Stats. 2011, Ch. 405, Sec. 2. (AB 1097) Effective January 1, 2012.

In accordance with federal regulation (49 C.F.R. 661.21), the state or a local agency, relative to the use of federal funds for transit purposes, shall be authorized to provide a bidding preference to a bidder if the bidder exceeds Buy America requirements applicable to federally funded transit projects. The state and each local agency shall have the discretion to apply those preferences. The Department of General Services shall have the sole authority to establish policies and procedures for use of this section by state agencies, as defined in Section 11000.

§ 14031.5

Added by Stats. 1979, Ch. 782.

(a)The Mass Transit Revolving Account is hereby created in the State Transportation Fund. The sum of one million dollars ($1,000,000) is hereby transferred from the Transportation Planning and Development Account to the Mass Transit Revolving Account and appropriated to the department for expenditure for effectuating the purposes of the Urban Mass Transportation Act of 1964, as amended.

(b)Allocations may be made by the department from the Mass Transit Revolving Account to an applicant for the advance purchase of vehicles for programs reimbursable from the funds available from the

Urban Mass Transportation Act, as amended, when such advance purchase will eliminate unnecessary delays in the procurement, purchase, and delivery of the vehicles.

(c)The department shall keep a record of all allocations pursuant to subdivision (b) and the account shall be reimbursed in full from the federal funds and local funds.

(d)The provisions of this section shall only be utilized during those fiscal years in which federal funds are available under the Urban Mass Transportation Act, as amended.

§ 14031.6

Amended by Stats. 1990, Ch. 807, Sec. 1.

(a)The Governor shall include in the Budget Bill an appropriation from the Transportation Planning and Development Account in the State Transportation Fund or from other appropriate sources to subsidize the operating costs of commuter and intercity passenger services pursuant to Section 14035 and an appropriation for capital outlay improvements to, and rolling stock for, intercity routes pursuant to Section 14038.

(b)The department shall request funding for capital improvements to commuter routes to which it provides subsidies through the transit capital

improvement process established by Section 99317 of the Public Utilities Code.

(c)The department shall request funding for capital improvements and rolling stock for intercity rail passenger routes pursuant to Sections 14035 and 14038 through the transit capital improvement process established by the Public Utilities Code.

(d)This section does not apply to funds made available from general obligation bonds issued for purposes of Section 164.55 of the Streets and Highways Code.

§ 14031.7

Amended by Stats. 1982, Ch. 732, Sec. 1. Effective September 8, 1982.

Prior to any allocation pursuant to subdivision (b) of Section 14031. 6, for any recommended new service, the department shall submit a report to the commission consisting of the following:

(a)The speeds and other service attributes needed.

(b)Needed facilities and manpower specifications.

(c)The avoidable costs of direct services joint-use arrangements, capital facilities, and other necessary arrangements.

(d)An estimate of total costs for proposed services.

(e)An inventory and evaluation of other existing transportation services in the corridor.

(f)The market potential encompassing modal diversion and operating revenues.

(g)For any commuter service, the compatibility of the service with the affected regional transportation plan.

During the preparation of this report, the department shall draw upon the resources of the Public Utilities Commission and any other available resource. This report shall become a part of the department’s proposed state transportation improvement program.

§ 14031.8

Amended by Stats. 2013, Ch. 352, Sec. 287. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.

(a)The Secretary of Transportation shall establish, through an annual budget process, the level of state funding available for the operation of intercity passenger rail service in each corridor.

(b)Where applicable, operating funds shall be allocated by the secretary to the joint powers board in accordance with an interagency transfer agreement that includes mutually agreed-upon rail services. Funds for the administration and marketing of services, as appropriate, shall also be transferred by the secretary to the joint powers board, subject to the terms of the interagency agreement.

(c)The joint powers board or

local or regional entities may augment state-provided resources to expand intercity passenger rail services, or to address funding shortfalls in achieving agreed-upon performance standards. The joint powers board or local or regional agencies may, but shall not be required to, identify and secure new supplemental sources of funding for the purpose of expanding or maintaining intercity rail passenger service levels, which may include state and federal intercity rail resources. Local resources may be available to offset any redirection, elimination, reduction, or reclassification by the state of state resources for operating intercity passenger rail services identified in subdivision (b) only if the local resources are dedicated by a vote of the local agency providing funds, with the concurrence of the joint powers board.

(d)The

department may provide any support services as may be mutually agreed upon by the joint powers board and the department.

(e)Operating costs shall be controlled by dealing with, at a minimum, the Amtrak cost allocation formula and the ability to contract out to Amtrak or other rail operators as a part of federal legislation dealing with Amtrak reauthorization.

(f)(1) Not later than June 30, 2014, the secretary shall establish a set of uniform performance standards for all corridors and operators to control cost and improve efficiency.

(2)To the extent necessary, as determined by the secretary, performance standards may be modified not later than July 30, 2015, or the effective date of the

interagency transfer agreement, whichever comes first.

(3)Feeder bus services that provide connections for intercity rail passengers shall not be terminated unless the bus services fail to meet the cost-effectiveness standard described in paragraph (3) of subdivision (a) of Section 14035.2.

§ 14032

Added by Stats. 1977, Ch. 1106.

The department shall provide reports and analyses for the commission on all of the following:

(a)The review and evaluation of regional transportation plans and improvement programs for the identification of conflicts between such plans and programs.

(b)The identification and analysis of current and potential future issues of importance to transportation within the state.

(c)The preparation of an annual and of a five-year estimate of all federal and state funds available to

each region for transportation improvements.

(d)The preparation of special studies as requested by the commission.

(e)Other matters as requested by the commission.

§ 14032.5

Added by Stats. 1977, Ch. 1106.

The department may assist regional transportation planning agencies with the preparation of regional transportation plans and improvement programs by providing technical services and other assistance as determined by the director and the transportation planning agency as necessary for the timely and comprehensive discharge of the responsibilities of the transportation planning agency.

§ 14032.6

Added by Stats. 2002, Ch. 392, Sec. 1. Effective January 1, 2003.

The department shall, within existing resources, collect, analyze, and summarize highway congestion data and make it available upon request to California regional transportation planning agencies, congestion management agencies, and transit agencies.

§ 14032.7

Added by Stats. 1980, Ch. 340.

The department shall publish annually a list of major new facility projects, exclusive public mass transit guideway projects, and operational improvement projects that are beyond the five-year program for the expenditure of state transportation funds, as set forth in the state transportation improvement program.

The list shall be made available to the commission, each transportation planning agency, and each county transportation commission not later than January 10th of each year. Not later than April 1st of each year, every transportation planning agency may comment on the projects contained in the list and submit such

comments to the commission.

After taking into consideration the department’s list and the comments submitted by the transportation planning agencies, the commission shall review the list and may make any changes, including additions or deletions, to the list. The commission shall adopt the list on or before July 1st of each year.

On January 1, 1981, and quarterly thereafter, the department shall provide the report concerning the project development schedule and the advertising schedule as required pursuant to Section 2 of Chapter 1060 of the Statutes of 1979 to each transportation planning agency and each county transportation commission.

§ 14033

Added by Stats. 2017, Ch. 5, Sec. 3. (SB 1) Effective April 28, 2017.

On or before January 1, 2018, the department shall update the Highway Design Manual to incorporate the “complete streets” design concept.

§ 14034

Amended by Stats. 1984, Ch. 116, Sec. 1.

(a)During the planning and development of any proposed commuter rail service, the department shall consult with the county transportation commission and the transportation planning agency affected by any such proposal.

(b)County transportation commissions and transportation planning agencies may review and comment during a public hearing on the priority list specified in Section 14538.

(c)Prior to any allocation pursuant to Section 14031.6, county transportation commissions and transportation

planning agencies shall be notified at least 20 days before any such allocation is considered by the commission at a public hearing.

§ 14035

Amended by Stats. 2024, Ch. 226, Sec. 1. (AB 3278) Effective January 1, 2025.

(a)The department may enter into contracts with the National Railroad Passenger Corporation under Section 403(b) of the Rail Passenger Service Act of 1970, or any successor statute, to provide commuter and intercity passenger rail services. The contracts may include, but are not limited to, the extension of intercity passenger rail services or the upgrading of commuter rail services.

(b)The department may contract with railroad corporations for the use of tracks and other facilities and the provision of passenger services on terms and conditions as the parties may agree.

(c)The department may construct, acquire, or lease, and improve and operate, rail passenger terminals and related facilities that

provide intermodal passenger services along the following corridors: the San Diego-Los Angeles-Santa Barbara corridor, the San Francisco-San Jose-Monterey corridor, the Los Angeles-Riverside-San Bernardino-Calexico corridor, the San Jose-Oakland-Sacramento-Reno corridor, the Los Angeles-Bakersfield-Fresno-Stockton-Sacramento-Oakland corridor, the Sacramento-Larkspur-Novato-Cloverdale corridor, and the Los Angeles-Santa Barbara-Oakland-Sacramento-Redding corridor.

(d)The department may enter into a contract with the National Railroad Passenger Corporation to provide additional trains over the San Joaquin route running between Bakersfield and Oakland and to extend the existing route to Sacramento.

(e)The Transportation Agency for Monterey County may be a party to any contract entered into under this section between the department and the National Railroad Passenger Corporation for

passenger rail service along the San Francisco-San Jose-Monterey corridor.

§ 14035.1

Added by Stats. 1989, Ch. 922, Sec. 1.

Commuter rail service shall be provided to the communities between San Jose and Gilroy if the conditions specified in subdivision (a) of Section 14035.4 are completed. Upon the completion of those conditions, the powers and duties of the Department of Transportation with respect to the San Francisco Peninsula commuter rail service shall apply to the San Jose-Gilroy segment.

§ 14035.2

Repealed and added by Stats. 1992, Ch. 610, Sec. 2. Effective January 1, 1993.

(a)It is the intent of the Legislature that the department adopt and implement the following policies applicable to the operation of feeder bus service provided by the department to and from rail terminals :

(1)Comprehensive marketing strategies to promote, in a cost-effective manner, ridership on intercity rail and feeder bus routes, including notification to the public of new routes and services and modifications to schedules affecting existing routes and services.

(2)Marketing new routes and services prior to the first day of service to avoid low ridership, similar to the marketing approach taken by major airlines with respect to new services.

(3)Implementation of feeder bus services based on evaluations of ridership needs and estimated break-even points. For this purpose, break-even points would be determined by conceptually assigning to a bus service all estimated revenue generated by a feeder bus passenger on the bus and train portions of a trip, and routes that fail to reach break-even points within a reasonable time period would be restructured or discontinued.

(4)Monitoring of feeder bus services to ensure that routes are operated, generally and individually, in a cost-effective manner, that they continue to respond to ridership needs, that bus stops are adequately

signed and are located near public telephones, and that they promote and enhance a growing interest in the state’s intercity rail program.

(b)If federal rural transit funds are available to the department for intercity services, the department shall use those funds in support of appropriate intercity feeder bus services that are coordinated to meet intercity rail services at train stations and associated capital facilities.

§ 14035.3

Added by Stats. 1981, Ch. 1183, Sec. 10.

The department may request a railroad corporation under contractual obligation to the department for services to institute operating efficiencies, other than with respect to the size of operating crews, in connection with the service under contract. The railroad corporation shall respond to the department’s request within 30 days after the initial request. In the event of a failure to respond, or refusal by the railroad corporation to effect those operating efficiencies, the Public Utilities Commission, within 60 days after application by the department, shall order the institution of operating efficiencies, if it finds, after a public hearing, that

the efficiencies are necessary for the preservation of safety, for the continuation of the service, or for the expansion of service.

§ 14035.4

Added by renumbering Section 14035.6 (as added by Stats. 1980, Ch. 568) by Stats. 1994, Ch. 1220, Sec. 7. Effective September 30, 1994.

The department shall request the involvement and cooperation of affected local agencies and public and private passenger carriers in decisions relative to the acquisition, development, and operation of intermodal passenger facilities.

§ 14035.5

Amended by Stats. 1981, Ch. 843, Sec. 1.

The department may enter into contracts with common carriers, as defined by Section 211 of the Public Utilities Code, or with any corporation, partnership, or person to provide feeder services to and from rail passenger terminals or intercity bus transportation.

In contracting for intercity bus transportation, the department may fund fixed route, scheduled services which primarily provide service between nonurbanized communities and passenger air terminals with 1980 volumes of 1,000,000 passengers or less. “Nonurbanized community” means any city or territory which does not meet the criteria for an

“urbanized area,” as defined by the Bureau of Census of the United States Department of Commerce on page 66185 in Number 195 of Volume 45 of the Federal Register for October 6, 1980.

The department may construct, acquire or lease, improve, and operate bus passenger terminals and related facilities which provide intermodal passenger services.

§ 14035.55

Amended by Stats. 2019, Ch. 652, Sec. 2. (SB 742) Effective January 1, 2020.

(a)To the extent permitted by federal law, the department shall encourage intercity passenger rail providers and motor carriers of passengers to do both of the following:

(1)Combine or package their respective services and facilities to the public as a means of improving intercity transportation services to the public.

(2)Coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation to and from connecting points of passenger rail service.

(b)(1) The department may provide funding to a joint powers authority responsible for the administration of an intercity passenger rail service for the purpose of entering into a contract with Amtrak or a public or private motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes connecting to intercity rail service.

(2)The joint powers authority shall, before entering into a contract with a private motor carrier of passengers, consult with and consider relevant local and regional public transit operators to determine if a local or regional public transit operator can provide the planned service and to attempt to avoid conflicts with existing public transit services.

(3)Before contracting for motor carrier

connections to or from an intercity rail service pursuant to this subdivision, a joint powers authority shall make a good faith effort to coordinate with private motor carrier services to provide timely connections with intercity rail services, including through agreements to fund modifications or expansions of existing motor carrier services to better coordinate with existing rail service.

(4)The joint powers authority shall document the differences, including time of day, between the proposed motor carrier services and the existing services in communities served if proposing a publicly funded motor carrier service pursuant to this subdivision.

(5)The requirements of paragraphs (2) to (4), inclusive, shall be documented, presented, and available for public comment in a public

meeting of the applicable joint powers authority.

(c)Motor carrier connections funded pursuant to this section may transport passengers who are not connecting to a passenger rail service.

(d)State agencies and departments, public and private transit operators, intercity motor carriers of passengers, Amtrak, and joint powers authorities may enter into revenue sharing and ticket selling agreements with each other to provide for intercity transportation of passengers and connections at rail stations to and from local transit systems and intermodal and intercity motor carrier terminals.

(e)(1) A joint powers authority that contracts for service pursuant to this division, in consultation with the department, shall submit a report to the Legislature on or before January 1, 2023, that shall include, but not be limited to, the number of its passengers who are transferring to intercity passenger rail service, the number of its passengers who are traveling solely on the motor carrier, the extent to which the contracted service is similar to services offered by privately operated intercity motor carriers, the impact of the publicly funded motor carrier service on privately operated motor carrier services, and any revenue sharing and ticket selling agreement entered into pursuant to subdivision (d). The report may also include any recommendations for changes to state polices to encourage increased connectivity

and service quality.

(2)(A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2027, pursuant to Section 10231.5.

(B)A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795.

(f)For purposes of this section, the following terms have the following meanings:

(1)“Amtrak” means the National Railroad Passenger Corporation.

(2)“Department” means the Department of Transportation or the department’s successor with respect to providing funds to subsidize

Amtrak service.

(3)“Joint powers authority” means a joint exercise of powers agency established pursuant to this chapter.

(4)“Motor carrier of passengers” means a person or entity providing motor vehicle transportation of passengers for compensation.

§ 14035.57

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§ 14035.65