TITLE 7.10. SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT [66540. - 66540.69.]
Title 7.10 repealed and added by Stats. 2007, Ch. 734, Sec. 2.
§§ 66540–66540.69 · 73 sections
CHAPTER 1. Findings and Declarations of Policy §§ 66540–66540.2 · 3 sections
- § 66540 This title shall be known and may be cited as the San Francisco Bay Area Water Emergency Transportation Response and Disaster Recovery Act.
- § 66540.1 The Legislature hereby finds and declares all of the following: (a) In 1999, based on the findings and analyses in a study sponsored by the Bay Area Council,…
- § 66540.2 It is the intent of the Legislature in enacting this title to provide for a unified, comprehensive institutional structure for the ownership and governance of…
CHAPTER 2. Definitions § 66540.3 · 1 section
- § 66540.3 Unless the context otherwise requires, the definitions set forth in this section govern the construction of this title. (a) “Authority” means the San Francisco…
CHAPTER 3. San Francisco Bay Area Water Emergency Transportation Authority §§ 66540.4–66540.11 · 8 sections
- § 66540.4 There is hereby established the San Francisco Bay Area Water Emergency Transportation Authority as a local governmental entity of regional government, with…
- § 66540.5 The authority shall have the authority to plan, manage, operate, and coordinate the emergency activities of all water transportation and related facilities…
- § 66540.6 (a) In order to establish and secure emergency activities of all water transportation and related facilities within the bay area region, the authority shall…
- § 66540.7 (a) The authority shall have the responsibility within the area of its jurisdiction to study, plan, and implement any improvements, expansion, or enhancements…
- § 66540.8 The authority shall have the power to apply for, receive, and expend funds for public transportation ferries and related facilities and services, and emergency…
- § 66540.9 In order to properly plan and provide for emergency water transportation services and facilities, the authority shall have the authority to plan, develop, and…
- § 66540.10 The San Francisco Bay Area Water Transit Authority shall transfer the title and ownership of all property within its control and ownership to the authority.…
- § 66540.11 (a) Public transportation ferries and related water transportation services and facilities within the bay area region shall be transferred to the authority in…
CHAPTER 4. Governing Body §§ 66540.12–66540.25 · 14 sections
- § 66540.12 (a) The authority shall be governed by a board composed of five members, as follows: (1) Three members shall be appointed by the Governor, subject to…
- § 66540.13 A member may be removed only for cause or incapacity and only by the appointing authority.
- § 66540.14 A member may be reappointed to serve additional terms.
- § 66540.15 The board members shall serve without compensation, but shall receive reimbursement for actual and necessary expenses incurred in connection with the…
- § 66540.16 (a) The board shall have the power to appoint all of the following officers of the authority: (1) Executive director. (2) General counsel. (3) Chief financial…
- § 66540.17 The board may do all of the following: (a) Create committees from its membership. (b) Appoint advisory committees from other interested public and private…
- § 66540.18 (a) The chair of the board shall do all of the following: (1) Prepare the agenda for each meeting of the board. (2) Preside over all meetings of the board,…
- § 66540.19 (a) The time and place of the first meeting of the board shall be at a time and place within the bay area region fixed by the chair of the board, but no later…
- § 66540.20 The board is the legislative body of the authority and, consistent with the provisions of this title, shall determine all questions of authority policy.
- § 66540.21 The board shall determine what water transportation services facilities should be acquired or constructed for the common benefit of the bay area region as a…
- § 66540.22 (a) The board shall supervise and regulate every water transportation services facility owned, operated, maintained, or controlled by the authority, including…
- § 66540.23 (a) The board may act either by ordinance or resolution in order to regulate the authority and undertake all acts necessary and convenient for the exercise of…
- § 66540.24 (a) Three members of the board shall constitute a quorum for the purpose of transacting any business of the board. (b) Except as otherwise specifically…
- § 66540.25 The authority may do any and all things necessary to carry out the purposes of this title.
CHAPTER 5. Duties and Powers §§ 66540.255–66540.68 · 46 sections
ARTICLE 1. General Provisions §§ 66540.255–66540.315 · 8 sections
- § 66540.255 The authority may accept grants, contributions, and appropriations from any public agency, private foundation, or individual.
- § 66540.26 The authority has perpetual succession and may adopt a seal and alter it at its pleasure.
- § 66540.27 The authority may provide a comprehensive emergency public water transportation services system and, for this purpose, may have the power to provide all of the…
- § 66540.28 The authority may sue and be sued.
- § 66540.29 The authority may take by grant, purchase, devise, or lease or otherwise acquire, hold, enjoy, lease, and dispose of, real and personal property within or…
- § 66540.30 The authority may contract with any department or agency of the United States, with any state or local governmental agency, or with any person upon those terms…
- § 66540.31 No action taken by the authority pursuant to this title shall require the approval of the Public Utilities Commission.
- § 66540.315 The authority may establish a community advisory committee to receive community and passenger recommendations related to consolidation and operational issues…
ARTICLE 2. Planning §§ 66540.32–66540.33 · 3 sections
- § 66540.32 (a) The authority shall create and adopt, on or before July 1, 2009, an emergency water transportation system management plan for water transportation services…
- § 66540.325 When feeder transportation services are proposed to be established to or from the facilities operated by the authority, the authority shall coordinate with the…
- § 66540.33 The authority shall refer for recommendation the plans of routes, rights of way, terminals, yards, and related facilities and improvements to the city councils…
ARTICLE 3. Facilities, Equipment, and Services §§ 66540.34–66540.40 · 7 sections
- § 66540.34 The authority may enter into agreements for the joint use or joint development of any property rights, including air rights, owned or controlled by the…
- § 66540.35 The authority may acquire, own, lease, construct, and operate water transportation vessels and equipment, including, but not limited to, real and personal…
- § 66540.36 The authority may select private or public franchisees for those operating elements of the water transportation services system and related facilities of the…
- § 66540.37 The authority may accept, through purchase of fee, conveyance of title, long-term lease, or other means deemed appropriate, the vessels, terminals, maintenance…
- § 66540.38 The authority may lease or contract for the use of its facilities, or any portion thereof, to any operator, and may provide for subleases by that operator upon…
- § 66540.39 The air emission standard for new vessels purchased by the authority shall exceed the federal Environmental Protection Agency’s air quality standards for Tier…
- § 66540.40 The authority shall dedicate at least one new vessel, subject to engine manufacturers’ warranties, to employ biodiesel fuel (B20) to assess the practical…
ARTICLE 4. Funding §§ 66540.41–66540.54 · 14 sections
- § 66540.41 The authority shall prepare and implement annual operating budgets for the operation of the San Francisco Bay Area water transportation services system,…
- § 66540.42 The authority shall set fares for travel on the water transportation services system that it operates, and define and set other fares and fees for services…
- § 66540.43 (a) The authority may issue bonds, from time to time, payable from revenue of any facility or enterprise operated, acquired, or constructed by the authority,…
- § 66540.44 The authority may levy special benefit assessments consistent with the requirements of Article XIIID of the California Constitution for operating expenses and…
- § 66540.45 The authority may borrow money in accordance with Article 7 (commencing with Section 53820) of, Article 7.6 (commencing with Section 53850) of, or Article 7.7…
- § 66540.46 (a) The authority may borrow money in anticipation of the sale of any bonds that have been authorized to be issued, but have not been sold and delivered, and…
- § 66540.47 The authority may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of…
- § 66540.48 (a) Notwithstanding any other provisions of this title or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance…
- § 66540.49 The authority may apply for and receive grants from any and all state and federal agencies.
- § 66540.50 The authority may deposit or invest any moneys of the authority in banks or financial institutions in the state in accordance with state law.
- § 66540.51 The authority may insure against any accident to or destruction of the public transportation ferry system or any part thereof.
- § 66540.52 The authority may insure against loss of revenues from any cause whatsoever.
- § 66540.53 The authority may insure against public liability or property damage, or both. It may provide in the proceedings authorizing the issuance of any bonds for the…
- § 66540.54 (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles as…
ARTICLE 5. Employee Benefits and Retirement System §§ 66540.55–66540.68 · 14 sections
- § 66540.55 The authority shall prescribe a method of securing employees, shall adopt rules and regulations governing the employment of employees, and shall prescribe the…
- § 66540.56 Represented employees of the San Francisco Bay Area Water Transit Authority shall become employees of the authority and shall suffer no loss of employment or…
- § 66540.57 The authority may establish a retirement system for the officers and employees of the authority and provide for the payment of annuities, pensions, retirement…
- § 66540.58 The authority may maintain its own retirement fund or may provide for benefits to eligible officers and employees, or their beneficiaries, by means of group…
- § 66540.59 Before establishing any retirement system, the authority shall secure a report from a qualified actuary, which shall show the cost of the benefits provided by…
- § 66540.60 The board may adopt all ordinances and resolutions and perform all acts necessary or convenient to the initiation, maintenance, and administration of the…
- § 66540.61 As an alternative method of providing a retirement system, the board may contract with the Board of Administration of the Public Employees’ Retirement System…
- § 66540.62 The board may also contract with the Board of Administration of the Public Employees’ Retirement System for participation in the Federal Social Security Act…
- § 66540.63 The board may classify and determine the officers and employees who shall be included as members in the retirement system and may change the classification…
- § 66540.64 The board may prescribe the terms and conditions upon which the officers and employees of the authority or their beneficiaries shall be entitled to benefits…
- § 66540.65 Any pension or retirement system adopted by the board shall be on a sound actuarial basis and provide for contributions by both the authority and the employee…
- § 66540.66 Contributions shall be in amounts that shall accumulate at retirement a fund sufficient to carry out the promise to pay benefits to the individual on account…
- § 66540.67 Nothing in any pension or retirement system or plan shall prevent the board from, at any time, amending, changing, modifying or terminating any provision for…
- § 66540.68 (a) This article does not apply to any employees of the authority in a bargaining unit that is represented by a labor organization, except as to the protection…
CHAPTER 6. Severability § 66540.69 · 1 section
- § 66540.69 If any chapter, article, section, subdivision, subsection, sentence, clause, or phrase in this title, or the application thereof to any person or…