Code Section Group

Public Utilities Code - PUC

DIVISION 12. COUNTY TRANSPORTATION COMMISSIONS [130000 - 130827]

  ( Division 12 added by Stats. 1976, Ch. 1333. )

CHAPTER 7. San Bernardino County Transportation Authority Consolidation Act of 2017 [130800 - 130828.1]
  ( Chapter 7 added by Stats. 2016, Ch. 216, Sec. 7. )

130800.
  

This chapter shall be known and may be cited as the San Bernardino County Transportation Authority Consolidation Act of 2017.

(Added by Stats. 2016, Ch. 216, Sec. 7. (SB 1305) Effective January 1, 2017.)

130803.
  

For purposes of this chapter, the following definitions shall apply:

(a) “Authority” means the San Bernardino County Transportation Authority established pursuant to Section 130806.

(b) “Local congestion management agency” means a County of San Bernardino congestion management agency established pursuant to subdivision (a) of Section 65089 of the Government Code.

(c) “Local transportation authority” means a County of San Bernardino transportation authority established pursuant to Section 180050.

(d) “San Bernardino Associated Governments” means the joint powers agency established pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code).

(e) “San Bernardino County Consolidated Agencies” means the San Bernardino County Transportation Commission established pursuant to Section 130050, the local transportation authority, service authority for freeway emergencies, and local congestion management agency in existence on December 31, 2016, and the San Bernardino Associated Governments when it was acting on behalf of, or in the capacity of, those entities.

(f) “Service authority for freeway emergencies” means a County of San Bernardino service authority for freeway emergencies established pursuant to Section 2551 of the Streets and Highways Code.

(Added by Stats. 2016, Ch. 216, Sec. 7. (SB 1305) Effective January 1, 2017.)

130806.
  

There is hereby created the San Bernardino County Transportation Authority. The authority shall be the successor to the powers, duties, revenues, debts, obligations, liabilities, immunities, and exemptions, expressed or implied, of the San Bernardino County Consolidated Agencies.

(Added by Stats. 2016, Ch. 216, Sec. 7. (SB 1305) Effective January 1, 2017.)

130807.
  

The San Bernardino County Transportation Commission shall be known as the authority.

(Added by renumbering Section 130054 by Stats. 2016, Ch. 216, Sec. 2. (SB 1305) Effective January 1, 2017.)

130809.
  

(a) The authority may exercise all rights and powers, expressed or implied, including, without limitation, the power to issue bonds, and rely on any immunities or exemptions provided by law to a county transportation commission, a local transportation authority, a service authority for freeway emergencies, or a local congestion management agency.

(b) The authority’s powers include, but are not limited to, the power to do all of the following:

(1) To sue and to be sued.

(2) To acquire any property by any means, and to hold, manage, occupy, develop, jointly develop, dispose of, lease, convey, or otherwise encumber property.

(3) To create a leasehold interest in property for the benefit of the authority.

(4) To acquire, by eminent domain, any property necessary to carry out any of its powers or functions.

(5) To merge or split parcels, adjust boundary lines, or take similar actions as part of the acquisition of land or as needed in order to carry out its functions.

(6) To construct, acquire, develop, jointly develop, maintain, operate, lease, and dispose of work, property, rights-of-way, and facilities.

(7) To appoint necessary employees, including counsel, and to define their qualifications and duties.

(8) To enter into and perform all necessary contracts.

(9) To fix and collect fees for any services rendered by it.

(10) To adopt a seal and alter it.

(11) To adopt an annual budget and to fix the compensation of its officers, board members, and employees.

(12) To establish and enforce rules and regulations for the administration, operation, and maintenance of facilities and services.

(13) To enter into joint powers arrangements with other entities.

(14) To provide insurance.

(15) To issue bonds and incur other obligations.

(16) To advance funds from any sources towards a project in anticipation of future funding sources or contributions from other agencies in order to maximize the efficient delivery of projects undertaken by the authority.

(17) To loan moneys from any of the funds or accounts held by the authority to any other fund or account held by the authority, if all of the following occur:

(A) The loan is authorized pursuant to a resolution of the governing board of the authority.

(B) The authority determines that the loan serves the purposes of the authority.

(C) All moneys loaned to the borrowing fund or account are expended for any of the lawful purposes for which the borrowing account was established.

(18) To do any other things necessary or desirable to carry out the purposes of a county transportation commission, a local transportation authority, a service authority for freeway emergencies, or a local congestion management agency.

(Added by Stats. 2016, Ch. 216, Sec. 7. (SB 1305) Effective January 1, 2017.)

130812.
  

The authority may bring an action to determine the validity of its bonds, warrants, contracts, obligations, or evidences of indebtedness issued on or after January 1, 2017, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

(Added by Stats. 2016, Ch. 216, Sec. 7. (SB 1305) Effective January 1, 2017.)

130815.
  

(a) The governing body of the authority shall consist of the following members:

(1) Five members of the San Bernardino County Board of Supervisors.

(2) One member from each County of San Bernardino incorporated city, who shall be a mayor or a city council member.

(3) One nonvoting member appointed by the Governor.

(b) Each County of San Bernardino incorporated city may appoint an alternate member to represent it at a meeting, but only if the regular member cannot attend the meeting. The alternate member shall either be a mayor or a city council member.

(Added by Stats. 2016, Ch. 216, Sec. 7. (SB 1305) Effective January 1, 2017.)

130818.
  

(a) Any reference to the San Bernardino County Transportation Commission or to a County of San Bernardino transportation commission, local transportation authority, service authority for freeway emergencies, or local congestion management agency, shall be deemed to refer to the authority.

(b) By operation of law, the authority shall act as and assume the rights, obligations, assets, and liabilities of the San Bernardino County Consolidated Agencies, as established by operation of law or under any contract to which any of them is a party and that was entered into before January 1, 2017. All real and personal property owned by any of the San Bernardino County Consolidated Agencies shall be transferred to the authority by operation of law.

(c) The respective legally enforceable debts and liabilities of the San Bernardino County Consolidated Agencies shall transfer to the authority and exist as debts and liabilities of the authority in the same manner as if the authority had itself incurred them.

(d) The respective rights of creditors and all liens upon the property of the San Bernardino County Consolidated Agencies transferred to the authority, including, without limitation, any pledge of revenues or other collateral securing the repayment of bonds, as those terms are defined in Section 5450 of the Government Code, and the other responsibilities of the San Bernardino County Consolidated Agencies transferred to the authority, shall be preserved unimpaired, and those bonds are the valid obligations of the authority, in each case limited in lien or pledge to the property affected by the liens or pledges immediately prior to the transfer of related responsibilities and obligations.

(e) All powers, duties, debts, obligations, liabilities, or claims arising out of or related to the powers, duties, debts, obligations, and liabilities transferred to the authority under this chapter by operation of law shall be transferred to the authority without further recourse to the San Bernardino Associated Governments or its member agencies, as applicable, and the authority may be proceeded against or substituted in the place of any of the San Bernardino County Consolidated Agencies if the action or proceeding pertains to a transferred power, duty, revenue, debt, obligation, liability, or claim.

(f) In order to protect the holders of outstanding, unmatured bonds and other evidences of indebtedness of the San Bernardino County Consolidated Agencies pertaining to the responsibilities and obligations transferred to the authority, the authority shall have the power to take all actions and do all things necessary or required for the protection of those holders and for compliance with the terms of those bonds and other evidences of indebtedness. The authority shall have the power to continue all services that the San Bernardino County Consolidated Agencies, on the date of the transfer, was furnishing and that pertained to the responsibilities and obligations transferred to the authority.

(Added by Stats. 2016, Ch. 216, Sec. 7. (SB 1305) Effective January 1, 2017.)

130821.
  

(a) Chapter 1 (commencing with Section 180000), Chapter 5 (commencing with Section 180200), and, except Section 180260, Chapter 6 (commencing with Section 180250) of Division 19 (commencing with Section 180000) shall be equally applicable to the authority as if set forth herein and shall be in addition to the powers and functions of the authority set forth in this division.

(b) Notwithstanding Section 180260, all proceeds of the authority’s bonds shall be applied to secure the bonds or for the purposes for which the debt was incurred. However, when the purposes have been accomplished, any moneys remaining shall be either transferred to the fund used for the payment of principal of, and interest on, the bonds, or placed in a fund to be used for the purchase of the outstanding bonds in the open market at prices and in the manner, either at public or private sale or otherwise, as determined by the authority. Bonds so purchased shall be canceled immediately.

(Added by Stats. 2016, Ch. 216, Sec. 7. (SB 1305) Effective January 1, 2017.)

130824.
  

(a) After the creation of the authority and on the effective date of a resolution of the Board of Retirement of the San Bernardino County Employees’ Retirement Association consenting to membership of the authority’s employees pursuant to subdivision (b) of Section 31557 of the Government Code, all then-current employees of the San Bernardino Associated Governments shall be deemed to be employees of the authority and all duties and obligations of the employment relationship shall be assumed by the authority. The status of each employee deemed to have become an employee of the authority by operation of this section, with respect to membership in the retirement system, shall, in all respects, be as if the employee had remained a member of the retirement system without any break in service or change of employer. The authority shall be deemed a “district” as defined by the County Employees Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code) and shall in all respects assume all of the rights, obligations, and status previously occupied by the San Bernardino Associated Governments as a participating district in the retirement system, including, but not limited to, the payment of employer contributions, the payment of unfunded actuarial liability, the withholding of employee contributions, the reporting of compensation earnable and pensionable compensation, record retention and audit compliance, the enrollment of eligible employees in membership, compliance with restrictions on the employment of retired persons, and the pickup of employee contributions pursuant to Section 414(h)(2) of the Internal Revenue Code (26 U.S.C. 414(h)(2)) and any agreement or resolution implementing the same.

(b) The termination of the San Bernardino Associated Governments’ status as a participating district in the retirement system shall not trigger withdrawal liability pursuant to Section 31564.2 of the Government Code. The authority shall assume the prior obligations of the San Bernardino Associated Governments for the payment of unfunded actuarial liability, which shall continue to be included in contribution rates calculated and approved pursuant to the County Employees Retirement Law of 1937, including, but not limited to, Sections 31453, 31453.5, 31454, 31581, and 31585 of the Government Code, as if no change in the participating employer had occurred.

(c) The authority shall succeed to the rights, duties, and obligations of the San Bernardino Associated Governments with respect to its replacement benefits program pursuant to Chapter 3.9 (commencing with Section 31899) of Part 3 of Division 4 of Title 3 of the Government Code. The rights of each retirement system member to participate in the replacement benefits program, as those rights exist at the time of the transfer of rights, duties, and obligations to the authority, whether the member is actively employed, deferred, or retired, shall continue as if there had been no change in the status of the employer. The transfer of rights, duties, and responsibilities shall not be deemed the creation of a new replacement benefit program, and the continuation of employees’ rights pursuant to the operation of this section shall not be deemed the offering of a new plan to any employee, for purposes of Section 7522.43 and subdivision (c) of Section 31899 of the Government Code.

(Added by Stats. 2016, Ch. 216, Sec. 7. (SB 1305) Effective January 1, 2017.)

130827.
  

The authority shall have the power to contract to provide the services of its employees to San Bernardino Associated Governments upon lawful terms and conditions agreed to by the authority and San Bernardino Associated Governments.

(Added by Stats. 2016, Ch. 216, Sec. 7. (SB 1305) Effective January 1, 2017.)

130828.
  

(a) Notwithstanding Section 130232, the authority, upon approval of the board of directors, may use the design-build contracting process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to award a contract for the construction of the Mt. Vernon Avenue Viaduct project in the City of San Bernardino.

(b) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the authority and its board of directors.

(Added by Stats. 2017, Ch. 154, Sec. 1. (AB 1523) Effective January 1, 2018.)

130828.1.
  

The following applies to Section 130828:

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the Mt. Vernon Avenue Viaduct project of the San Bernardino County Transportation Authority and the need to immediately, quickly, and efficiently develop the project.

(Added by Stats. 2017, Ch. 154, Sec. 2. (AB 1523) Effective January 1, 2018.)

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