Chapter 3 - Miscellaneous

California Public Utilities Code — §§ 99150-99178

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Sections (31)

Added by Stats. 1976, Ch. 501.

In locating its bus stops, park and ride service facilities, and special service terminal points and stations, a transit district shall consult with, and consider the recommendations of, the city if such transit facilities are to be located therein, or the county if such transit facilities are to be located in the unincorporated area thereof, on the proposed locations.

The city or county, as the case may be, in making its recommendations to the transit district on the proposed location of any such transit facilities, shall consider whether the proposed location is consistent with the circulation element of its general

plan.

§ 99151

Amended by Stats. 1979, Ch. 768.

Any transit district whose area is served by the Southern Pacific Transportation Company line from the City of San Jose to the City and County of San Francisco may make a bulk purchase of passenger tickets for that line from the company, or from the Greyhound Bus Lines for transportation services within the area, or from both, for resale at less than the cost to the transit district to residents of the transit district.

The governing body of the transit district shall determine the resale price of tickets purchased by it.

§ 99152

Amended by Stats. 1986, Ch. 483, Sec. 1.

Any public transit guideway planned, acquired, or constructed, on or after January 1, 1979, is subject to regulations of the Public Utilities Commission relating to safety appliances and procedures.

The commission shall inspect all work done on those guideways and may make further additions or changes necessary for the purpose of safety to employees and the general public.

The commission shall develop an oversight program employing safety planning criteria, guidelines, safety standards, and safety procedures to be met by operators in the design, construction, and

operation of those guideways. Existing industry standards shall be used where applicable.

The commission shall enforce the provisions of this section.

§ 99153

Added by Stats. 1982, Ch. 177, Sec. 1.

Any transit district or operator may adopt uniform standards to rate bidders, on the basis of questionnaires and required statements, with respect to contracts for railroad rolling stock upon which each bidder is qualified to bid. Notwithstanding any other provision of law, the district or operator may limit bidding and award of contracts for railroad rolling stock to the bidders the district or operator has determined are qualified to bid. However, the district or operator shall qualify at least two persons or entities for bidding on the contracts.

§ 99153.5

Added by Stats. 2025, Ch. 735, Sec. 2. (SB 30) Effective January 1, 2026.

(a)For purposes of this section, the following definitions apply:

(1)“Continued use” means the continued operation of the diesel engine from the diesel-powered on-track equipment as an internal combustion engine to provide power for on-track equipment or any other purpose.

(2)“Decommission” means to permanently cease the service of on-track equipment when the public entity owning that on-track equipment replaces it with lower emission on-track equipment.

(3)“Diesel-powered on-track equipment” means any locomotive or any other car,

rolling stock, equipment, or other device that is operated on stationary rails and has a diesel engine.

(b)Except as provided in subdivision (c), a public entity that owns diesel-powered on-track equipment shall not sell, donate, or otherwise transfer ownership of that diesel-powered on-track equipment for continued use after the public entity decommissions the diesel-powered on-track equipment.

(c)A public entity may engage in a transaction otherwise prohibited by subdivision (b) if both of the following criteria are satisfied:

(1)The diesel-powered on-track equipment meets any of the following conditions:

(A)The equipment is deemed to be in Tier 2, Tier 3, or Tier 4, as designated by the United States Environmental Protection Agency.

(B)The equipment produces emissions equivalent to any equipment within any of the tiers described in subparagraph (A).

(C)The diesel engine is removed from the equipment.

(2)The public entity authorizes the transaction in a public hearing.

§ 99154

Added by Stats. 1982, Ch. 177, Sec. 2.

Any transit district or operator may require from prospective bidders for any contract answers to questions contained in a standard questionnaire and financial statement, including a complete statement of the prospective bidder’s financial ability and experience in performing public contracts. When completed, the questionnaire and financial statement shall be verified under oath by the bidder in the manner in which pleadings are verified in civil actions.

The questionnaires and financial statements are not public records and shall not be open to public inspection.

§ 99155

Amended by Stats. 2012, Ch. 769, Sec. 4. (AB 2679) Effective January 1, 2013.

(a)Each transit operator, whether publicly or privately funded all or in part, nonprofit or for profit, which offers reduced fares to senior citizens shall honor the federal Medicare identification card as sufficient identification to receive reduced fares. A transit operator which offers reduced fares to those senior citizens who are less than 65 years old shall also honor the senior citizen

identification card issued pursuant to subdivision (b) of Section 13000 of the Vehicle Code.

(b)Each transit operator, whether publicly or privately funded, in whole or in part, nonprofit or for profit, which offers reduced fares pursuant to subdivision (a) shall also offer reduced fares to disabled persons, as defined by Section 99206.5, disabled persons, as defined by Section 295.5 of the Vehicle Code, and disabled veterans, as defined by Section 295.7 of the Vehicle Code, at the same rate established for senior citizens. A transit operator shall honor the disabled person or disabled veteran placard identification card issued pursuant to Section 22511.55 of the Vehicle Code.

(c)Every transit operator that offers reduced fares to disabled persons shall honor any current identification card that is valid for the type of transportation service or discount requested and that has

been issued to an individual with a disability by another transit operator.

(d)This section also applies to any dial-a-ride, paratransit, or nonfixed route operator which serves the disabled, but does not apply to a private nonprofit entity which serves the disabled or elderly.

(e)Nothing in this section prohibits a transit operator from issuing its own identification card, except that no such card shall be required to be presented in addition to either a federal Medicare card or a card issued pursuant to Section 22511.55 of the Vehicle Code.

(f)A transit operator, as defined in subdivision (b), which receives funds pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)), shall not require that a person requesting transportation be a resident of that transit operator’s service

area.

§ 99155.1

Amended by Stats. 1998, Ch. 877, Sec. 4. Effective January 1, 1999.

(a)There shall be close coordination between local transit providers and county welfare departments in order to ensure that transportation moneys available for purposes of assisting recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code are expended efficiently for the benefit of that population.

(1)In areas where public transit service is available, local transit providers shall give priority, in the

use of funds allocated under the CalWORKs program and made available by the county, to the enhancement of public transportation services for welfare-to-work purposes.

(2)In areas where public transit services are unavailable, local transit providers shall give priority, in the use of funds allocated under the CalWORKs program and made available by the county, to the enhancement of transportation alternatives, such as, but not limited to, subsidies or vouchers, van pools, and contract paratransit operations, in order to promote welfare-to-work purposes.

(b)In areas where public transit service is available, local transit providers shall consider giving priority in the use of transit funds to the enhancement of public transportation services for welfare-to-work purposes.

§ 99155.2

Added by Stats. 2024, Ch. 111, Sec. 3. (AB 2634) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.

(a)(1) Notwithstanding subdivision (b) of Section 99155, if the Sacramento Regional Transit District offers reduced fares to senior citizens, it shall not be required to also offer reduced fares to disabled persons or disabled veterans at the same rate established for senior citizens.

(2)A reduced fare offered to senior citizens that is not also offered to disabled persons and disabled veterans pursuant to this subdivision shall not be valid beyond the date specified in subdivision (e).

(3)If the Sacramento

Regional Transit District reduces fares for senior citizens below the rate for disabled persons or disabled veterans, the district shall not increase fares for disabled persons or disabled veterans.

(b)If the Sacramento Regional Transit District reduces fares for senior citizens below

the rate for disabled persons or disabled veterans, the district shall submit a report to the Legislature that includes all of the following information:

(1)The number of people per month who purchase a fare or monthly pass, at a reduced fare that is offered to senior citizens, disabled persons, or disabled veterans, for the year before the implementation of the new rate.

(2)The farebox revenue recovered from the fares and monthly passes described in paragraph (1).

(3)The rate change for fares offered to senior citizens, disabled persons, and disabled veterans.

(4)The number of people affected by the rate change each month.

(5)The cost of a reduced fare for senior citizens, disabled persons, or disabled veterans, before and after the implementation of the reduced fare rate for senior citizens.

(6)A description of any service changes made on or after January 1, 2025.

(7)The amount of farebox revenue collected after January 1, 2025.

(c)For purposes of this section, the following definitions apply:

(1)“Disabled person” shall have the same meaning as provided in Section 99206.5 and in Section 295.5 of the Vehicle Code.

(2)“Disabled veteran” shall have the same

meaning as provided in Section 295.7 of the Vehicle Code.

(3)“Service changes” include, but are not limited to, any of the following:

(A)A change made to routes, including the addition or removal of service on a route.

(B)A change to the frequency of service on a route.

(C)A delay in a project

that is intended to improve customer service, including implementation of real-time General Transit Feed Specification.

(D)A change, unrelated to retirements, in staffing levels, including security.

(d)The report to be submitted pursuant to subdivision (b) shall be submitted on or before January 1, 2026, and shall be submitted in compliance with Section 9795 of the Government Code.

(e)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

§ 99155.3

Added by Stats. 2025, Ch. 725, Sec. 1. (AB 1250) Effective January 1, 2026.

(a)For purposes of this section, the following definitions apply:

(1)“Eligible persons” means persons who receive, or who are eligible to receive, paratransit services based on a disability and whose disability cannot reasonably be expected to improve over time, as determined by the person’s qualified licensed medical professional, and whose ability to access the fixed route system cannot reasonably be expected to improve over time, as determined by the transit operator.

(2)“Recertification process” means the process by which a transit operator may require persons who have previously been determined

eligible for the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) complementary paratransit service to have their eligibility reviewed again.

(3)“Transit operator” means a transit district, municipal operator, county transportation commission, transportation authority, joint powers authority, or other public transit operator that provides, or contracts for the provision of, paratransit service for individuals with disabilities and that receives public funding pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)).

(b)(1) On or before January 1, 2027, a transit operator shall establish a streamlined recertification process for eligible persons.

(2)The streamlined recertification process established by a transit operator pursuant to paragraph (1) shall use a telephone interview, mail-in form, teleconference, or online survey and collect for the purposes of verification only the following information:

(A)Physical address.

(B)Mailing address, if different from physical address.

(C)Emergency contact.

(D)Telephone number.

(E)Updated mobility devices.

(F)Status of disability,

with identification of any worsening of the person’s disability, any additional disability, any changes to the person’s functional abilities, and any changes to the person’s use of an assistive device.

(G)First and last name.

(H)Date of birth.

(3)A transit operator may also request, as part of the streamlined recertification process, an updated photo of the eligible person if the transit operator requires a photo for its initial eligibility determination.

(4)(A) A transit operator shall require eligible persons to complete the streamlined recertification process established pursuant to this subdivision once every five years.

(B)An eligible person may request recertification at any time and shall complete the recertification every five years thereafter.

(c)On and after June 1, 2027, a transit operator shall only

use the streamlined recertification process described in subdivision (b) for eligible persons unless one of the following conditions applies:

(1)There is a review to broaden the person’s eligibility for paratransit services based on either the person’s disability worsening or the person having an additional disability.

(2)The person is temporarily eligible for paratransit services.

(3)The transit operator has implemented service changes or improvements that may impact the person’s eligibility for paratransit services.

(4)The eligible person has moved to a new physical

address and the change of physical address is reasonably expected to modify their eligibility for paratransit services.

(d)This section does not prohibit a transit operator from establishing and using a different recertification process for persons who do not meet the definition of paragraph (1) of subdivision (a).

(e)This section shall not prevent a transit operator from contracting the eligibility recertification process for paratransit services, so long as the final decision regarding an eligible person’s eligibility to be recertified for paratransit services is made by the

transit operator.

§ 99155.5

Amended by Stats. 2012, Ch. 769, Sec. 5. (AB 2679) Effective January 1, 2013.

(a)The Legislature intends that dial-a-ride and paratransit services be accessible to disabled persons, as defined in Section 99206.5. It is intended that transportation service be provided for employment, education, medical, and personal reasons. Transportation for individuals with disabilities is a necessity, and allows these persons to fully participate in our society.

The Legislature finds and declares that the term “paratransit,” as used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336), refers to transportation services with specific criteria of quality and quantity, and which are required to be made available to limited classes of persons based on eligibility categories; this is often referred to as “ADA paratransit” or “complementary paratransit.” The Legislature finds and declares that the terms “paratransit” and “dial-a-ride,” as used in the laws of this state, apply to a broader range of transportation services and that not all individuals with disabilities under the laws of this state are eligible for “ADA paratransit” under the federal law.

(b)Each transit operator, for profit or nonprofit, which provides, or contracts for the provision of, dial-a-ride or paratransit service for individuals with disabilities and which receives public

funding pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)) for that service shall provide the service without regard to either of the following:

(1)Whether the person is a member of a household which owns a motor vehicle.

(2)Whether the place of residence of the person who requests transportation service is within the service area of the provider. To the extent that they are eligible for the specified service requested, all persons requesting transportation service in the service area of the provider shall be provided service on the same terms and at the same price that service is provided to other persons residing within the service area of the provider.

(c)Subdivision (b) does not preclude a provider from offering a subscription service, and does not require a reduction in the

amount the provider charges other public or private agencies.

(d)Except as required by the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted pursuant thereto or by higher standards prescribed by the laws of this state, nothing in this section requires any transit operator which provides service to individuals with disabilities in a manner consistent with subdivision (b) to make those services available outside the operator’s established operating service area, or requires the operator to make the presentation of identification a condition to using the service.

(e)A transit operator shall honor any current identification card which is valid for the type of transportation service or discount requested and which has been issued to an individual with disabilities by another transit operator.

(f)Any person who believes an operator has violated Section 99155 or 99155.5 may file a report of the alleged violation with the transportation planning agency or county transportation commission. Any individual with disabilities may request the Attorney General to resolve any dispute as to compliance with Section 99155 or this section.

§ 99155.6

Added by Stats. 2019, Ch. 627, Sec. 1. (AB 1351) Effective January 1, 2020.

(a)The Transportation Agency, in consultation with public transit operators, shall conduct an assessment of the procedures public transit operators use to provide dial-a-ride and paratransit services to individuals with disabilities who are visiting their service territories and are certified to use another in-state public transit operator’s similar dial-a-ride and paratransit services, to the extent available. The assessment shall include, but not be limited to, timelines and methods for qualifying individuals to submit certification documents, including by electronic submission, to transit operators.

(b)On or before

July 1, 2021, the Transportation Agency shall publish the assessment on its internet website.

(c)After conducting and publishing the assessment, the Transportation Agency shall adopt guidelines for the development of a statewide program to enable individuals with disabilities who a public transit operator has certified to use its dial-a-ride and paratransit services to use another in-state public transit operator’s similar dial-a-ride and paratransit services, to the extent available.

§ 99156

Added by Stats. 1988, Ch. 1160, Sec. 1.

Notwithstanding any other provision of law, a transit district may provide compensation to a member of the governing board of the district only for attendance at a meeting of the board or for each day the member is engaged in other district business within or without the district. A member who engages in district business other than attendance at board meetings shall first obtain authorization of the board for reimbursement of travel expenses or other compensation before engaging in that business and shall submit a report thereof to the board for all expenditures.

§ 99157

Added by Stats. 1988, Ch. 1160, Sec. 2.

Notwithstanding any other provision of law, a transit district may not provide any life, accident, or health insurance plan to any member or former member of the governing board of the district who first served as a member of the governing board after January 1, 1989, that exceeds the benefits provided to full-time active or retired district employees. The terms, conditions, or contributions applicable to any plan provided for employees shall also apply to any plan provided for those members of the governing board.

§ 99158

Added by Stats. 1988, Ch. 1160, Sec. 3.

Notwithstanding any other provision of law, a transit district may not establish or contribute to a pension or retirement benefits plan or purchase an annunity for any member of its governing board who first served as a member of the governing board after January 1, 1989. This section does not apply to a deferred compensation plan described in Section 53213 of the Government Code.

§ 99159

Added by Stats. 2003, Ch. 845, Sec. 2. Effective January 1, 2004.

(a)Any retirement system established or maintained pursuant to this division for employees of a transit district who are members of a unit appropriate for collective bargaining shall be maintained pursuant to a collective bargaining agreement and this section.

(b)Notwithstanding any other provision of this division, the retirement system and the funds of the system shall be managed and administered by a retirement board composed of equal representation of labor and

management. Any deadlock among the members of the board with respect to that management and administration shall be resolved in the manner specified in Section 302 of the federal Labor Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)).

(c)The duties and responsibilities of the retirement board shall be executed in accordance with Section 17 of Article XVI of the California Constitution.

(d)This section does not apply to any public transit district that has, pursuant to a collective bargaining agreement, provided membership for the district’s represented employees in the Public Employees’ Retirement System, a retirement system established pursuant to the County Employees Retirement Law of 1937, or a pension trust subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.) or any transit district where the membership of the governing board

of the transit district is directly elected by the voters.

§ 99160

Added by Stats. 1989, Ch. 579, Sec. 1.

Any public entity which plans the development of, or which operates, a rail transit system, shall, with respect to any current or future rail transit system, (a) develop motor vehicle parking facilities to serve the system’s passengers at stations planned to be park and ride facilities, and (b) expand private enterprise participation in the development of air space and publicly owned assets to provide those parking facilities.

§ 99161

Added by Stats. 1993, Ch. 792, Sec. 3. Effective January 1, 1994.

(a)Space at a publicly owned transportation facility may be leased by competitive bid, taking into consideration affordability and quality of care, to a child care operator who has obtained licensure as required by Section 1596.80 of the Health and Safety Code. Priority for child care services provided by the center shall be given to the children of public agency employees who work at the transportation facility and children of users of the transportation facility.

(b)No

state funds shall be provided to any child care operator pursuant to this section unless all of the following conditions are met:

(1)The child care facility is open to children without regard to any child’s religious beliefs or any other factor related to religion.

(2)No religious instruction is included in the child care program.

(3)The space in which the child care program is operated is not utilized in any manner to foster religion during the time it is used for child care.

(c)The Legislature finds and declares that the use of publicly owned transportation facilities for the purpose of furnishing child care services for the benefit of persons using public transit is in the public interest and serves a public purpose.

§ 99162

Added by Stats. 2002, Ch. 314, Sec. 1. Effective January 1, 2003.

Notwithstanding any other provision of law, one or more local agencies listed in subdivision (i) of Section 99602 may undertake a study or a joint study concerning the feasibility of extending the commuter rail or intercity rail service described in subdivision (c) of Section 99622 beyond the City of Davis to the City of Dixon.

§ 99163

Added by Stats. 2003, Ch. 141, Sec. 1. Effective January 1, 2004.

On and after January 1, 2005, whenever a transit operator improves or replaces a ticket vending machine at a public transit station to include video instructions, the transit operator shall also equip the ticket vending machine with audio instructions that will enable visually impaired persons to follow the visual prompts. State funds made available to the operator through the State Transportation Assistance Program under Section 99312 shall be available for the purposes of this section.

§ 99164