Law:Division 16. Peninsula Rail Transit District (California)

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Chapter 1. General Provisions And Definitions

Ca Codes (puc:160000-160002) Public Utilities Code Section 160000-160002



160000. The Peninsula Corridor Study Joint Powers Board, created pursuant to Section 1 of Chapter 1328 of the Statutes of 1987, is hereby redesignated the Peninsula Rail Transit District and, as such, has the additional powers provided for in Chapter 2 (commencing with Section 160005).


160001. As used in this division, "district" means the Peninsula Rail Transit District.


160002. The district board shall be comprised of nine members appointed as follows: (a) The governing bodies of the municipal railway operated by the City and County of San Francisco, the San Mateo County Transit District, and the Santa Clara County Transit District shall each appoint one member. (b) The Boards of Supervisors of the City and County of San Francisco, the County of San Mateo, and the County of Santa Clara shall each appoint one member. (c) The Mayor of the City and County of San Francisco shall appoint one member. (d) The city councils of cities within the County of San Mateo, shall jointly appoint one member. (e) The city councils of cities within the County of Santa Clara shall jointly appoint one member.


Chapter 2. Powers Of The District

Ca Codes (puc:160005-160006) Public Utilities Code Section 160005-160006



160005. In addition to powers delegated to the Peninsula Corridor Study Joint Powers Board by a joint exercise of powers agreement pursuant to Section 1 of Chapter 1328 of the Statutes of 1987, the district has all of the following powers: (a) To acquire real and personal property of every kind for rail purposes by grant, gift, devise, lease, or eminent domain, and to hold, use, sell, lease, or transfer any such property. (b) To enter into any contract necessary for its powers. (c) To establish or change rates, charges, and services. The Public Utilities Commission has no jurisdiction over the district or any of its activities except as to matters of public safety. (d) To indemnify and defend any railroad corporation, regardless of its negligence, that operates rail services for the district pursuant to contract. (e) To appoint an executive officer, and to employ staff and legal counsel. (f) To sue and be sued. (g) To indemnify and defend the Department of Transportation with respect to the transfer of rights-of-way, stations, rail passenger equipment, and facilities, and contracts, leases, or agreements relative to those properties whose ownership or responsibility is transferred to the district in accordance with the terms of an agreement to be negotiated.


160006. (a) If the district acquires stations, facilities, and passenger equipment owned or leased by the Department of Transportation for the passenger rail service provided by the Southern Pacific Transportation Company between San Francisco and San Jose and points in between, and if the district acquires from the Department of Transportation the right-of-way between San Francisco and San Jose presently owned by the Southern Pacific Transportation Company, the district may own, operate, construct, manage, and maintain rights-of-way, stations, facilities, and equipment necessary for the operation of rail passenger and freight services between San Francisco and Alma and points in between, and may contract with any railroad corporation for the purchase of, or to subsidize, service between San Francisco and Alma and points in between. Upon completion of the conditions specified in subdivision (a) of Section 14035.4 of the Government Code, the district may provide commuter rail service between San Jose and Gilroy. (b) Any assets transferred from the Department of Transportation to the district without compensation shall be transferred with all attendant obligations, liabilities, debts, and grant conditions established by the department, including Urban Mass Transportation Administration grants and sale and leaseback contracts.


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