Chapter 2Creation of Commissions
Section § 130050
This law establishes a new commission in each of the counties of Los Angeles, Orange, Riverside, and San Bernardino.
Section § 130050.1
This law creates the Ventura County Transportation Commission, which takes over all responsibilities, assets, and liabilities from the Ventura County Association of Governments. It also allows the Ventura County Board of Supervisors to give this commission authority to implement certain transportation-related provisions.
Section § 130050.2
This law establishes the Los Angeles County Metropolitan Transportation Authority. This new entity replaces both the Southern California Rapid Transit District and the Los Angeles County Transportation Commission as their successor agency.
Section § 130051
This law details the makeup of the Los Angeles County Metropolitan Transportation Authority, consisting of 14 members. Five are from the Los Angeles County Board of Supervisors, with measures to adjust if their number changes. The Mayor of Los Angeles joins, along with two public members and one City Council member, appointed by the Mayor. The Los Angeles County City Selection Committee appoints four members from city officials in different county sectors, using population-weighted votes. These members serve staggered four-year terms without term limits. If Los Angeles's population drops below 35% of the county's city populations, one public member's spot is reassigned. Lastly, there's one nonvoting member appointed by the Governor.
Section § 130051.1
This section states that if the Mayor of Los Angeles appoints someone to a position who is not a member of the city council, that person can serve for up to 60 days without needing approval from the city council.
Section § 130051.10
This section details the timeline for the establishment and the initial powers of the Los Angeles County Metropolitan Transportation Authority (LACMTA). Members of this authority were to be appointed by February 1, 1993, and before this date, they had no powers. From February 1 to April 1, 1993, the LACMTA could use the powers of the Southern California Rapid Transit District's board and the Los Angeles County Transportation Commission's governing body, unless the authority decided to give certain powers back to them.
Section § 130051.11
This law allows the Los Angeles County Metropolitan Transportation Authority (LACMTA) to set up its organizational structure with different units, such as transit construction and operations. They are responsible for planning, constructing, and operating public transit in LA County, including former duties of old transit bodies. The LACMTA must honor old labor agreements and has the power to approve new ones if they were made after January 1, 1993. The law allows them to delegate specific powers like eminent domain and contract approvals. They also have to set up a citizens’ advisory council for public input.
Section § 130051.12
This law outlines the key powers and responsibilities of the Los Angeles County Metropolitan Transportation Authority (LA Metro). LA Metro must set countywide transportation goals, handle the budget, choose rail corridors, and approve labor contracts. Other duties include configuring its organization, holding hearings, setting fares, green-lighting transportation zones, approving certain debts, and assessing security every five years with local operators. When approving transportation zones, LA Metro can't factor in employee wages or conditions, but they must ensure no rise in net service costs. Lastly, they are responsible for approving large equipment purchases over $5 million.
Section § 130051.13
On April 1, 1993, both the Southern California Rapid Transit District and the Los Angeles County Transportation Commission are dissolved. After these entities are abolished, the Los Angeles County Metropolitan Transportation Authority takes over all their roles and responsibilities, including their powers, obligations, debts, and any legal protections they had.
Section § 130051.14
This law section states that starting from April 1, 1993, any mention of the Southern California Rapid Transit District or the Los Angeles County Transportation Commission in legal texts or regulations is now considered to refer to the Los Angeles County Metropolitan Transportation Authority.
Section § 130051.15
This statute outlines what happens when the Southern California Rapid Transit District and the Los Angeles County Transportation Commission are dissolved. The Los Angeles County Metropolitan Transportation Authority (LA Metro) takes over all of their contracts and property as of January 1, 1993.
LA Metro is also responsible for all agreements related to full funding for the Los Angeles Metro Rail Project, ensuring no changes to the scope or commitments previously agreed upon. Additionally, until April 1, 1993, LA Metro cannot renew or extend any employment contracts from the dissolved agencies made before January 1, 1993.
Section § 130051.16
This law says that the Los Angeles County Metropolitan Transportation Authority (LA Metro) automatically takes over the responsibilities of the now-defunct Southern California Rapid Transit District. This includes any contract or labor-related obligations they had, but only in areas where LA Metro inherits these obligations following the district's dissolution.
Section § 130051.17
In Los Angeles County, any gifts given to board members or employees of the Metropolitan Transportation Authority must follow the rules set by state law and the authority's own administrative code.
Section § 130051.18
This law manages lobbying activities related to the Los Angeles County Metropolitan Transportation Authority (LACMTA). It sets out definitions relating to lobbying, identifies who needs to register as a lobbyist, lobbying firm, or lobbyist employer, and outlines what information they must report.
Registration needs to happen within 10 days of qualifying as a lobbyist. Periodic reports are required, detailing lobbying activities, expenses, and any gifts or contributions. The law prohibits certain unethical behaviors like accepting contingent payments, deceiving officials, or giving gifts over $10 per month.
Penalties for violations include misdemeanors, fines, and other legal actions, and a one-year ban on former authority officials becoming lobbyists post-employment. Specific exemptions are outlined for public officials acting in their official roles and media organizations.
Section § 130051.19
The Los Angeles County Metropolitan Transportation Authority is required to create a hiring plan that matches the ethnic makeup of the county for its management positions, considering the workforce availability from different ethnic groups.
Before approving contracts, they must implement a program to ensure at least 15% of contract value goes to minority-owned businesses and at least 5% goes to women-owned businesses.
Additionally, they need to form a Transportation Business Advisory Council to help meet these participation goals, including representatives from professional organizations that support women and minority businesses.
Section § 130051.20
This law prevents former board members or employees of the Metropolitan Transportation Authority (MTA) from being paid by an MTA contractor within a year of leaving their position if they were involved in certain capacities. Specifically, if they worked on awarding the contract to the contractor, monitored that contract, or participated in key decisions related to the contract, they cannot be hired by that contractor for 12 months. The exact date their service ends is defined for clarity. The inspector general has the authority to enforce this rule.
Section § 130051.21
This law requires the Los Angeles County Transportation Commission and the Southern California Rapid Transit District to perform an independent financial audit for the period from July 1, 1992, to March 30, 1993. The aim is to assess their financial condition before they are abolished. Afterwards, the Los Angeles County Metropolitan Transportation Authority must conduct an independent financial audit every year and discuss the results in a public hearing.
Section § 130051.22
The authority has the option to create a prequalification program for bidders on certain contracts. For public construction projects, bidders must fill out a standardized questionnaire and provide a financial statement. This ensures they meet the necessary qualifications before being considered for a contract.
Section § 130051.23
This law states that the Los Angeles County Metropolitan Transportation Authority can decide if certain records or documents they have are no longer useful. If so, they can choose to sell, destroy, or otherwise get rid of them. However, important documents, like agendas and contracts, need to be saved in another format, like microfilm, before they can sell or destroy the originals.
Section § 130051.24
This section defines the roles and responsibilities of a 'transportation zone,' a type of public agency or corporation that takes over certain transit operating duties from the Los Angeles County Metropolitan Transportation Authority (LACMTA) after January 1, 1999.
It covers how these zones must adhere to existing labor agreements and employment conditions when they are established. For up to four years after a transfer, employees of the transportation zone will be part of combined collective bargaining units with LACMTA unless otherwise decided.
The transportation zone can later create independent bargaining units and negotiate its own employment terms, including labor agreements and benefits. The section also outlines the management of retirement and healthcare benefits, emphasizing that the transportation zone maintains certain pre-existing conditions unless altered through bargaining.
Additionally, the transportation zone may not be held accountable for financial obligations incurred before the transfer. It can contract for non-bargaining unit managerial services and operates independently from LACMTA, although it is not considered an organizational unit of LACMTA.
Section § 130051.25
This law outlines the reporting and evaluation requirements for injuries within construction firms working with the Los Angeles County Metropolitan Transportation Authority. First, it defines 'recordable injury' as an injury needing more than basic first aid. Construction firms must report their total monthly recordable injuries to the authority. Each year, the authority checks if the reported injuries exceed the national average for similar cases. If the number is higher, the authority cannot base contractor safety bonuses on injuries causing lost work time, but instead on the total rate of recordable injuries.
Section § 130051.28
This law requires the Los Angeles County Metropolitan Transportation Authority to appoint an inspector general for a four-year term. The inspector general can only be removed by a two-thirds vote from the authority members or if they break laws or policies related to ethics, such as accepting gifts. Every three months, the inspector general must publicly report the authority's expenses, like travel and memberships. Any investigatory file they create is considered a record from a local law enforcement agency and can be disclosed following specific government procedures.
Section § 130051.5
This law states that every member of the Los Angeles County Metropolitan Transportation Authority must follow the rules found in Section 87100 of the Government Code, which relates to avoiding conflicts of interest.
Section § 130051.6
Members of the Los Angeles County Metropolitan Transportation Authority generally serve four-year terms. They can be removed at any time by whoever appointed them and can be reappointed without limits on the number of terms. Members serving because they hold another public office will lose their authority membership if they leave their original office.
Section § 130051.7
The law requires the Los Angeles County Transportation Commission and the Southern California Rapid Transit District to hold joint meetings at least once every quarter. During these meetings, the actual members of the Los Angeles County Board of Supervisors and the Mayor of Los Angeles must attend in person, rather than sending alternates or appointees.
The goal is to discuss important fiscal and policy issues related to both organizations during these meetings, but without disrupting their operations.
Section § 130051.9
The Los Angeles County Metropolitan Transportation Authority must hire a full-time chief executive officer (CEO) to lead and manage its activities. The CEO serves a four-year term and can only be removed if two-thirds of the authority's members agree or if the CEO breaks certain laws or ethical guidelines.
The CEO has the responsibility to approve and award construction contracts, selecting the lowest responsible bidder. Additionally, the authority must appoint a general counsel and a board secretary.
Section § 130052
The Orange County Transportation Authority is managed by an 18-member board. Five members are from the Orange County Board of Supervisors and appointed by the board itself. Their term ends if they no longer serve on the board.
There are 10 city members, with two from each of the five supervisorial districts, elected differently: one based on population-weighted voting and the other on 'one city, one vote.' City members must be current mayors or city council members and their term ends if they no longer serve in those roles.
Additionally, two public members are residents of the county chosen by other board members, serving four-year terms and cannot have held elected office in the county in the past four years. Lastly, a nonvoting Director of Transportation, appointed by the Governor, serves a four-year term.
Section § 130052.1
This law states that the members of the Orange County Transportation Authority are also responsible for overseeing the Orange County Service Authority for Freeway Emergencies.
Section § 130052.2
This law required that until July 1, 1996, municipal transportation operators in Orange County receive annual funding that was at least as much as they received in the 1989-90 fiscal year. This amount was adjusted for inflation using a specific consumer price index. This applies as long as certain financial rules and limits are followed.
Section § 130052.3
This law requires several Orange County transportation agencies to create a detailed plan to merge their functions under a single management structure. The plan should include how the agencies will combine their institutions, staffing needs, financial plans, and any necessary legislation. It must be approved by both the Orange County Transportation Commission and the Transit District's Board of Directors and submitted to state authorities by December 1, 1991. Failure to submit the plan by this deadline will result in financial penalties for the county and its cities through withheld payments. However, the agencies are allowed to voluntarily start implementing parts of the plan before state review.
Section § 130053
The Riverside County Transportation Commission is made up of several members: five are from the Riverside County Board of Supervisors, and each incorporated city in the county sends a mayor or city council member. Additionally, the Governor appoints one nonvoting member.
Section § 130053.5
This law allows members of the Riverside County Board of Supervisors and incorporated cities in Riverside County to appoint alternate representatives for meetings of the Riverside County Transportation Commission. Board members can appoint an alternate board member for one meeting, while cities can appoint an alternate who must be either the mayor or a city council member if their regular representative cannot attend. In both cases, a written notice of the alternate's appointment must be provided to the clerk of the commission 24 hours before the meeting.
Section § 130053.7
This law outlines voting procedures for the Riverside County Transportation Commission. Each regular or alternate member typically has one vote. However, after a vote is taken, any member can request a weighted vote.
For an item to pass by weighted vote, three conditions must be met: the item needs to be approved by a majority of county supervisors present, a majority of city representatives present, and city representatives who represent a majority of the county's population in incorporated areas, based on weighted votes.
Finally, a quorum for the commission is defined as a majority of the total voting membership.
Section § 130054.1
The Ventura County Transportation Commission is made up of several representatives from Ventura County. This includes five members from the Ventura County Board of Supervisors and one representative, either the mayor or a council member, from each city within the county. These city members change when they no longer hold their city office or if replaced by their city council.
Additionally, there are two citizen members, one appointed by the Ventura County Board of Supervisors and the other by the Ventura County City Selection Committee. These citizen members must live in Ventura County and cannot be elected officials.
Lastly, there is a nonvoting member chosen by the Governor.
Section § 130054.8
The Governor has the authority to appoint a nonvoting member to each commission to look out for state interests. Each appointed member will serve a four-year term and continue until a successor is ready to serve. However, no one can be appointed for more than two terms on the same commission.
Section § 130055
This law mandates that commissions must merge with or become part of any newly established regional government body that is responsible for transportation planning and programming. This merger or joining must occur within one year of the creation of the new organization.
Section § 130056
This law says that transportation commissions in California should mostly use existing transportation planning data and expertise from state, regional, and local sources, instead of building a large staff. The goal is to have a small, skilled team that can objectively analyze transportation plans and projects from local agencies. They then use this information to create a short-term plan for transportation improvements, which the commissions will approve according to specific guidelines.
Section § 130057
This law expresses that once a short-term transportation improvement plan is developed and approved, the agencies responsible for carrying it out are given flexibility in how they implement the plan. However, any adjustments must align with the program's goals, and the commission must be informed right away about any changes.
Section § 130058
The law encourages the four transportation commissions to collaborate through joint powers agreements or contracts, especially when working together on transportation facilities or services is beneficial to the public. This collaboration is facilitated by a multicounty transportation planning agency.
Section § 130059
This law requires a transportation planning agency that serves multiple counties to hold at least two meetings each year. These meetings bring together representatives from transportation commissions, the agency itself, and the Department of Transportation.
The purpose is to discuss short-term transportation improvement programs, review the regional transportation plan before it’s officially adopted, assess progress on developing a unified public transit system across the region, and address any other shared concerns.