Chapter 7San Bernardino County Transportation Authority Consolidation Act of 2017
Section § 130800
This law establishes the official title for a specific legislative act related to transportation in San Bernardino County. It is called the San Bernardino County Transportation Authority Consolidation Act of 2017.
Section § 130803
This section provides definitions for terms used in a specific chapter related to transportation in San Bernardino County.
The "Authority" refers to the San Bernardino County Transportation Authority. The "local congestion management agency" is the county's agency for managing traffic congestion. The "local transportation authority" pertains to transportation management in the county. "San Bernardino Associated Governments" is a joint powers agency, and "San Bernardino County Consolidated Agencies" is a group of local transportation entities. Lastly, "service authority for freeway emergencies" deals with emergency services on freeways.
Section § 130806
The San Bernardino County Transportation Authority is established, taking over all responsibilities, rights, and obligations from the San Bernardino County Consolidated Agencies.
Section § 130807
This law states that the San Bernardino County Transportation Commission is officially referred to as 'the authority.'
Section § 130809
This section describes the powers and rights of the authority in charge of county and local transportation matters. Essentially, the authority can do a wide variety of things to accomplish its transportation goals, like issuing bonds, acquiring property, and merging land. They can also sue, be sued, manage property in many ways, and even use eminent domain if needed. The authority can construct and manage transportation-related facilities, hire employees, make contracts, and set fees for services. They are also empowered to budget, set compensation, and establish rules and regulations. Furthermore, they can collaborate with other entities, offer insurance, and rearrange funding to make projects more efficient. Essentially, the authority has broad powers to manage and execute transportation-related initiatives effectively.
Section § 130812
This law allows a public authority to go to court to confirm that its financial instruments, like bonds and contracts issued after January 1, 2017, are legally valid. It uses a specific legal procedure outlined in the Code of Civil Procedure to do so.
Section § 130815
This section explains the composition of the governing body for a certain authority in San Bernardino County. It consists of five members from the San Bernardino County Board of Supervisors and one member from each incorporated city within the county, who must be a mayor or city council member. Additionally, there is a nonvoting member appointed by the Governor. Each city can select an alternate, who also should be a mayor or city council member, to attend meetings if the primary member is unavailable.
Section § 130818
This law states that any mention of the San Bernardino County Transportation Commission or similar agencies actually refers to the 'authority.' The authority takes over all rights, duties, assets, and liabilities of these agencies, including any existing contracts prior to 2017. All property and debts from these agencies are transferred to the authority, meaning the authority is responsible for them just like the previous agencies were.
Creditors' rights and property liens, as well as bonds linked to these agencies, remain intact and are now valid obligations of the authority. The authority inherits all powers and responsibilities without needing further approval from the San Bernardino Associated Governments. They can be involved in existing legal proceedings where applicable. Additionally, the authority has the power to ensure bondholders are protected and can continue services previously provided by the agencies.
Section § 130821
This law ensures that specific chapters related to the powers and functions of a certain authority are fully applicable, enhancing its capabilities as outlined in those chapters. It also outlines how the money from the authority's bonds should be used. Once the bond's intended projects are completed, leftover funds must either be used to pay back the bond's principal and interest or to buy back and cancel bonds on the open market.
Section § 130824
This law explains that when the new authority is created, employees of the San Bernardino Associated Governments automatically become employees of the authority with no break in service for retirement system purposes. The authority takes on all previous employment-related responsibilities, including retirement contributions and compliance obligations. The transition does not cause new withdrawal liabilities for the retirement system, and the authority continues managing existing unfunded actuarial liabilities as before.
The authority also inherits responsibilities for the replacement benefits program, ensuring members' rights remain unchanged, regardless if they are active, deferred, or retired employees. This transfer does not create or offer a new benefits program or plan to employees.
Section § 130827
This law allows the authority to make agreements with San Bernardino Associated Governments to provide them with employee services. Both parties must agree on the terms and conditions for this arrangement to be legal.
Section § 130828
This law permits the authority in San Bernardino to use a special design-build contracting method, which combines design and construction services into one contract, for constructing the Mt. Vernon Avenue Viaduct project. This can happen only with the approval of the board of directors. Additionally, in the related Public Contract Code, any mention of 'local agency' refers to this specific authority and its board.
Section § 130828.1
This statute states that a special law is needed for the Mt. Vernon Avenue Viaduct project by the San Bernardino County Transportation Authority because of its unique circumstances. A general law cannot address these needs, so this specific law is required to help quickly and efficiently develop the project.