Chapter 6 - Enhanced Accountability

California Government Code — §§ 67780-67788

Sections (5)

Added by Stats. 2025, Ch. 740, Sec. 4. (SB 63) Effective January 1, 2026.

(a)If a tax ordinance is approved by the voters pursuant to this title, the commission shall establish an ad hoc adjudication committee for a subject operator if the commission receives a petition submitted pursuant to subdivision (d) at any time commencing two years after the tax ordinance is approved.

(b)An ad hoc adjudication committee established pursuant to subdivision (a) shall be composed of two commissioners from each of the counties from which revenues generated pursuant to the tax ordinance are allocated to the subject operator pursuant to subdivision (b) of Section 67750.

(c)An ad hoc adjudication committee shall be responsible for assessing and adjudicating

petitions submitted pursuant to this chapter regarding the applicable subject operator’s inconsistent application or execution of its adopted standards, policies, or commitments described in Section 67782 across counties within the district.

(d)(1) Consistent with paragraph (2), a participating county transportation entity or a county board of supervisors may submit a petition to the commission to establish an ad hoc adjudication committee and, once established, may submit a petition to the ad hoc adjudication committee, under either of the following circumstances:

(A) A subject operator is not consistently applying or achieving the standard, policy, or commitment in the geographic jurisdiction of the county or the participating county transportation entity, as applicable, as reasonably compared to the geographic jurisdiction of other counties or

participating county transportation entities.

(B) A standard, policy, or commitment disproportionately disadvantages the operation or maintenance of the subject operator’s transit system in the geographic jurisdiction of the county or participating county transportation entity, as applicable, and there is no compelling reason for that standard, policy, or commitment to disproportionately disadvantage the operation or maintenance of the subject operator’s transit system in the geographic jurisdiction of the county or participating county transportation entity, as applicable.

(2)A participating county transportation entity, or a county board of supervisors, shall be the only entities that may submit a petition to an ad hoc adjudication committee established pursuant to this chapter, and may only submit a petition to an ad hoc adjudication committee established for a subject

operator that is receiving funding from revenues generated from the jurisdiction of the applicable county pursuant to subdivision (b) of Section 67750.

(3)(A) Except as provided in subparagraph (B), in each county from which a subject operator is receiving funding generated by the tax ordinance, no more than one petition per year may be submitted by both the participating county transportation entity and the county board of supervisors.

(B)An additional petition may be submitted within the same year if a participating county transportation entity or the county board of supervisors, as applicable, withdraws its petition pursuant to subdivision (c) of Section 67784.

(e)Any ad hoc adjudication committee established pursuant to this chapter shall terminate on the date that the commission makes

the final allocations of revenue pursuant to subdivision (b) of Section 67750 from a tax ordinance approved by the voters pursuant to this title.

§ 67782

Added by Stats. 2025, Ch. 740, Sec. 4. (SB 63) Effective January 1, 2026.

The scope of the adopted standards, policies, or commitments, or application of those standards, policies, or commitments, that may be the subject of a petition, assessment, and adjudication shall be the following issues related to the operation or maintenance of the subject operator’s transit system in the geographic jurisdiction of the applicable county or participating county transportation entity:

(a)Service frequency or route changes.

(b)Fare policy, such as the assessment of surcharges.

(c)Station, facility, or vehicle cleanliness.

(d)Station or facility

maintenance.

(e)Station or facility closures.

(f)Safety and security.

§ 67784

Added by Stats. 2025, Ch. 740, Sec. 4. (SB 63) Effective January 1, 2026.

(a)Before taking a board action pursuant to subdivision (b), a participating county transportation entity or county board of supervisors shall seek to address the issue that is the subject of a prospective petition directly with the subject operator, including by providing the operator with an opportunity to directly address the issue.

(b)Before submitting a petition to an ad hoc adjudication committee, the governing board of a participating county transportation entity or the county board of supervisors shall take formal board action to approve the petition.

(c)At any time before the commission is directed to take final action to withhold funding pursuant to Section 67788,

a participating county transportation entity or county board of supervisors may withdraw its petition with a formal board action, or decision of the chair of, the applicable participating county transportation entity or county board of supervisors.

§ 67786

Added by Stats. 2025, Ch. 740, Sec. 4. (SB 63) Effective January 1, 2026.

(a)If presented with a petition, an ad hoc adjudication committee, in consultation with the entity that submitted the petition and the applicable subject transit operator, shall do both of the following:

(1)Determine whether it agrees with the entity’s claim or claims in the petition.

(2)If it agrees with the claim or claims described in paragraph (1), determine whether to recommend the following:

(A)Corrective action for the subject operator to take to address the issue that was the subject of the petition.

(B)That the commission withhold up

to 3.5 percent of funding allocated to the subject operator pursuant to Chapter 3 (commencing with Section 67750) in an amount the ad hoc adjudication committee deems proportionate to the issue that was the subject of the petition.

(b)An ad hoc adjudication committee shall provide written findings explaining a recommendation made pursuant to this section and shall submit the recommendation and those findings to the commission.

(c)If there is a tie vote in approving a recommendation, then the tie vote shall favor making a recommendation.

§ 67788

Added by Stats. 2025, Ch. 740, Sec. 4. (SB 63) Effective January 1, 2026.

(a)After receiving a recommendation from an ad hoc adjudication committee pursuant to Section 67786, the commission shall approve the recommendation and, if the ad hoc adjudication committee recommended corrective action, provide the subject operator with a period of at least 90 days to comply.

(b)(1) If the subject operator does not take corrective action within the period granted by the commission pursuant to subdivision (a), then the ad hoc adjudication committee may direct to commission to withhold up to an additional 3.5 percent of funding allocated to the subject operator pursuant to Chapter 3 (commencing with Section 67750) in an amount the ad hoc adjudication committee deems proportionate to the issue that

was the subject of the petition. The total amount withheld from a subject operator pursuant to this chapter at any given time shall not exceed 7 percent.

(2)The commission shall withhold the funds until either of the following occurs:

(A)The operator complies with the corrective action and the ad hoc adjudication committee, with an affirmative vote from at least one committee member of every county represented in the committee, makes a finding that the operator has complied with the requirements and approves the return of funding.

(B)After 180 days of the submission of the recommendation, the ad hoc adjudication committee, with an affirmative vote from the majority of the committee, makes a finding that the operator has complied with the requirements and approves the return of funding.

(c)If the subject operator does not comply with the requirements of this chapter before the commission makes the final allocations of revenue from the tax ordinance approved by the voters pursuant to this title, the commission shall reallocate the withheld funds to support public transit expenses within the county or counties that the operator serves.

(d)If there is a lawsuit involving a decision made by an ad hoc adjudication committee, the sole remedy against the commission shall be limited to either the release or withholding, as the case necessitates, of the funds at issue in the ad hoc adjudication committee decision, and legal fees shall not be recoverable.