CHAPTER 4. Powers and Functions [130200. - 130455.]

Chapter 4 added by Stats. 1976, Ch. 1333.

§§ 130200–130455 · 102 sections

1. ARTICLE 1. Corporate Powers §§ 130200–130203 · 4 sections

   • § 130200 The commission has perpetual succession and may adopt a seal and alter it at its pleasure.
   • § 130201 The commission may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
   • § 130202 All claims for money or damages against the commission are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as…
   • § 130203 Whenever a commission, by resolution, determines that any record, map, book, paper, or other document of the commission in the possession of the commission or…
2. ARTICLE 2. Contracts §§ 130220–130246 · 20 sections

   • § 130220 The commission may make contracts and enter into stipulations of any nature whatsoever either in connection with eminent domain proceedings or otherwise,…
   • § 130220.5 (a) The commission has the power of eminent domain to take any property necessary, incidental, or convenient to the exercise of its powers pursuant to this…
   • § 130221 The commission may contract with any department or agency of the United States of America, with any public agency (including, but not limited to, the…
   • § 130231 (a) The Los Angeles County Transportation Commission is authorized to impose a transactions and use tax within the County of Los Angeles pursuant to the…
   • § 130232 (a) Except as provided in subdivisions (f) and (g), purchase of all supplies, equipment, and materials, and the construction of all facilities and works, when…
   • § 130233 (a) Except as provided in subdivision (b), if, after rejecting bids received under Section 130232, the commission determines and declares, by a two-thirds vote…
   • § 130234 In case of any great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or interruption of contracts essential to the…
   • § 130235 (a) Upon determining that immediate remedial measures to avert or alleviate damage to property, or to replace, repair, or restore damaged or destroyed…
   • § 130236 Notwithstanding Section 130232, and upon a finding by two-thirds vote of all members of the commission that the proposed purchase in compliance with Sections…
   • § 130237 Notwithstanding Section 130232, the commission may direct the purchase of any supply, equipment, or material without observance of any provision in this…
   • § 130238 (a) The Legislature finds and declares that (1) because of the highly specialized and unique nature of all rail transit equipment, (2) because of products and…
   • § 130239 In order to facilitate the participation of minority-owned and women-owned businesses and disadvantaged individuals in activities and contracts of the…
   • § 130240 (a) “Transit” means as defined in Section 40005. (b) (1) The Orange County Transportation Authority may acquire, construct, develop, lease, jointly develop,…
   • § 130240.1 (a) The Orange County Transportation Authority may enter into agreements for the joint use or joint development of any property or rights by the authority and…
   • § 130240.5 Notwithstanding any other provision of law, the Orange County Transportation Authority may acquire rights-of-way from willing sellers for the following…
   • § 130241 All the provisions of the Orange County Transit District Act of 1965 (Part 4 (commencing with Section 40000) of Division 10), regarding the powers and…
   • § 130242 (a) In addition to the other powers it possesses, the Los Angeles County Metropolitan Transportation Authority may enter into contracts with private entities,…
   • § 130244 (a) For the purposes of this section, the following terms shall have the following meanings: (1) “Authority” means the Orange County Transportation Authority.…
   • § 130245 (a) An advisory committee shall be created to review issues and make recommendations to the Orange County Transportation Authority and the Riverside County…
   • § 130246 The Riverside County Transportation Commission may enter into contracts with private vendors for the performance of the following services: (a) Enforcement of…
3. ARTICLE 3. Transportation Systems §§ 130250–130263 · 15 sections

   • § 130250 The commission shall coordinate the operation of all public transportation services within the county so as to achieve efficient operation thereof and shall…
   • § 130251 It is the intent of the Legislature that, if, at the time the commission commences operation, an application to the federal government has been submitted, or…
   • § 130252 (a) All plans proposed for the design, construction, and implementation of public mass transit systems or projects, including exclusive public mass transit…
   • § 130253 Any plan for a transit system proposed to serve more than one county shall also be submitted for approval by the multicounty designated transportation planning…
   • § 130254 The commission shall designate the operator of any approved transit guideway system. Except as specified in Section 130254.5, the Los Angeles County…
   • § 130254.5 The City of Los Angeles may design, construct, and operate a point-to-point transportation system on or between property under the jurisdiction and control of…
   • § 130255 (a) If a commuter or urban rail transit system is proposed to serve two or more counties, the commissions in those counties shall form a joint powers entity to…
   • § 130256 The commission shall require all planning for guideway and rapid transit systems be coordinated with the Department of Transportation and the multicounty…
   • § 130257 The commission may enter into an agreement with the Department of Transportation for the department to provide those services which are within the capabilities…
   • § 130258 If the Los Angeles County Transportation Commission is authorized to construct a transit guideway system, the commission shall closely coordinate the planning,…
   • § 130259 (a) Not later than February 1, 1978, the commissions in Riverside County and San Bernardino County shall, and the commissions in Los Angeles County and Orange…
   • § 130260 The Orange County Transportation Commission may establish local transportation zones only in those areas where the commission determines that the Orange County…
   • § 130261 The Los Angeles County Transportation Commission may establish local transportation zones only in those areas where the commission determines by eight…
   • § 130262 The commission shall require full cooperation and coordination between the regional operator, the municipal operators, and the local transportation zones in…
   • § 130263 The Los Angeles County Transportation Commission shall not reduce, by order or by reducing funding, the size of the service areas under the jurisdiction of…
4. ARTICLE 4. Smart Freeway Corridor Telecommunications Demonstration Projects §§ 130290–130292 · 3 sections

   • § 130290 As used in this article: (a) “Smart freeway corridor” means a segment of a state highway route in an urban area selected for a smart freeway demonstration…
   • § 130291 A smart freeway demonstration project shall be comprised of the following elements: (a) A linked traffic monitoring network of traffic monitoring devices…
   • § 130292 (a) The project shall be coordinated by the statutorily created county transportation commission in whose jurisdiction the project is located. The county…
5. ARTICLE 5. Transportation Planning and Programming §§ 130300–130306 · 8 sections

   • § 130300 The Legislature finds and declares: (a) That the near-term programming and budgeting requirements of state and federal law is a cooperative intergovernmental…
   • § 130301 The multicounty designated transportation planning agency which includes the area of the commission shall be responsible for long-range transportation system…
   • § 130302 The role of the multicounty designated transportation planning agency, in coordinating, reviewing, and resolving intercommission conflicts, approving…
   • § 130303 With respect to the area under its jurisdiction, the commission shall be responsible for short-range capital and service planning directed to: (a)…
   • § 130303.1 In addition to its short-range transportation planning responsibilities, the commission shall also be responsible, pursuant to Section 180206, for developing…
   • § 130304 (a) The county transportation commission shall submit the short-range transportation improvement program prepared pursuant to subdivision (b) of Section 130303…
   • § 130305 The commission shall take all action necessary to obtain the maximum amount of funding available pursuant to Section 1602 of Title 49 of the United States…
   • § 130306 The commission shall determine the projects on the federal-aid urban system to be funded. The commission shall determine the projects to be funded pursuant to…
6. ARTICLE 6. Transactions and Use Taxes §§ 130350–130355 · 9 sections

   • § 130350 A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory of the County of Los Angeles may be adopted by the Los…
   • § 130350.4 The Legislature finds and declares all of the following: (a) In authorizing the Los Angeles County Metropolitan Transportation Authority (MTA) to impose a…
   • § 130350.5 (a) In addition to any other tax that it is authorized by law to impose, the Los Angeles County Metropolitan Transportation Authority (MTA) may impose, in…
   • § 130350.7 (a) The Los Angeles County Metropolitan Transportation Authority (MTA), in addition to any other tax it is authorized to impose or has imposed, may impose a…
   • § 130351 The County of Los Angeles shall conduct the special election called by the commission pursuant to Section 130350, and the commission shall reimburse the county…
   • § 130352 Any transactions and use tax ordinance adopted shall be operative on the first day of the first calendar quarter commencing not less than 180 days after…
   • § 130353 Repeal of the transactions and use tax ordinance shall not be operative earlier than the first day of the first calendar quarter following the adoption of the…
   • § 130354 The revenues received by the Los Angeles County Transportation Commission from the imposition of the transactions and use taxes shall be used for public…
   • § 130355 Any action or proceeding in which the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or any of the…
7. ARTICLE 7. Transit Service Dispute Resolution §§ 130370–130373 · 4 sections

   • § 130370 (a) Not later than February 1, 1980, the Los Angeles County Transportation Commission, in cooperation with all the transit operators in the County of Los…
   • § 130371 The rules and regulations shall include, but not be limited to, the following: (a) Criteria to determine the definition and validity of a transit service…
   • § 130372 (a) The Los Angeles County Transportation Commission shall have sole authority to resolve any transit service dispute between transit operators in the County…
   • § 130373 Prior to January 1, 1981, only a transit service dispute submitted by a transit operator in the County of Los Angeles may be resolved by the Los Angeles County…
8. ARTICLE 8. Transit Coordination and Service Program §§ 130380–130385 · 6 sections

   • § 130380 Prior to October 1, 1980, the Los Angeles County Transportation Commission, in cooperation with all transit operators in the County of Los Angeles, shall…
   • § 130381 The Los Angeles County Transportation Commission shall adopt by eight affirmative votes of the voting members, or designated alternates, a transit coordination…
   • § 130382 (a) After April 1, 1981, the Los Angeles County Transportation Commission shall implement the recommendations of the transit coordination and service program,…
   • § 130383 The Los Angeles County Transportation Commission shall adopt an updated transit coordination and service program not later than January 10, 1983, and…
   • § 130384 (a) The updated transit coordination and service program, and any amendment to the program, shall be adopted by the Los Angeles County Transportation…
   • § 130385 (a) Any transit operator in the County of Los Angeles which disagrees with any portion of the transit coordination and service program, or any amendment…
9. ARTICLE 9. Transaction and Use Taxes in the County of Orange §§ 130400–130442 · 27 sections

   • § 130400 As used in this article: (a) “Commission” means the county transportation commission created in Orange County pursuant to Section 130000. (b) “County” means…
   • § 130400.5 The Legislature, by the enactment of this article, intends the county and cities therein to use any additional funds provided them by this article to…
   • § 130401 A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory of the county may be adopted by the commission in…
   • § 130402 The commission, in the ordinance, shall state the nature of the tax to be imposed, shall provide the tax rate or rates or the maximum tax rate or rates, and…
   • § 130403 (a) The County of Orange shall conduct the special election called by the commission pursuant to Section 130401, and the commission shall reimburse the county…
   • § 130404 (a) Any transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more…
   • § 130405 The revenues from the taxes imposed pursuant to this article may be allocated by the commission for public transportation purposes, including, but not limited…
   • § 130406 (a) If the commission decides to adopt a retail transactions and use tax pursuant to this article, the commission shall review and assess the needs for the…
   • § 130407 (a) The commission may annually review and propose amendments to the expenditure plan adopted pursuant to Section 130406 to provide for the use of additional…
   • § 130408 The expenditure plan adopted pursuant to Section 130406, and any amendment adopted pursuant to Section 130407, shall include a provision for an annual…
   • § 130409 An amended expenditure plan adopted pursuant to Section 130407 may include a provision to reduce a tax rate to percentages lower than that approved by the…
   • § 130409.5 If a retail transactions and use tax is adopted pursuant to this article, the commission shall prepare and submit a report to the Department of Transportation,…
   • § 130410 (a) The commission is authorized to impose a maximum tax rate of 1 percent under this article and Part 1.6 (commencing with Section 7251) of Division 2 of the…
   • § 130411 (a) The actual wording of the proposition on any short form of ballot card, label, or other device, regardless of the system of voting used, shall read as…
   • § 130412 The commission may, as part of the same ballot proposition to approve the imposition of a retail transactions and use tax, seek authorization to issue bonds…
   • § 130413 The commission may further, as part of the same proposition, submit to the voters a proposal to increase any appropriations limits heretofore imposed upon the…
   • § 130420 (a) The bonds authorized by the voters concurrently with the approval of the retail transactions and use tax may be issued by the commission at any time, and…
   • § 130421 (a) Limited tax bonds shall be issued pursuant to a resolution adopted at any time, and from time to time, by the commission by a two-thirds vote of all…
   • § 130422 (a) The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable semiannually, except that the first interest payable…
   • § 130423 (a) The bonds may be sold as the commission determines by resolution. The commission may sell the bonds at a price below par; provided, however, that the…
   • § 130424 Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits.
   • § 130425 All accrued interest and premiums received on the sale of bonds shall be placed in the fund to be used for the payment of principal of and interest on the…
   • § 130430 (a) The commission may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the commission upon the terms, at…
   • § 130435 (a) The commission may borrow money in anticipation of the sale of bonds which have been authorized pursuant to this article, but which have not been sold and…
   • § 130440 Any bonds which shall be issued under the provisions of this article shall be legal investment for all trust funds; for the funds of insurance companies,…
   • § 130441 Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of…
   • § 130442 If the measure to adopt the transaction and use tax pursuant to Section 130401 is not submitted to the electors on or before December 31, 1985, then this…
10. ARTICLE 10. Regional Transit Services Program §§ 130450–130455 · 6 sections

    • § 130450 For purposes of this article: (a) “Commissions” means the county transportation commissions of Los Angeles, Orange, Riverside, and San Bernardino Counties. (b)…
    • § 130451 (a) The commissions shall jointly develop an implementation program for regional transit services. In developing the program, the commissions shall consult…
    • § 130452 The commissions shall hold a joint public hearing in each county in their jurisdiction on the draft program no earlier than 30 days after the draft has been…
    • § 130453 The initial regional transit services draft program shall be completed by December 1, 1990. The initial program need not reflect intercounty bus services. The…
    • § 130454 The adopted program shall serve as the basis for a coordinated application submitted by the commissions for funds allocated by the California Transportation…
    • § 130455 This article shall become operative only if the Los Angeles County Transportation Commission, the Orange County Transportation Commission, the Riverside County…