Chapter 2Powers of the District

Section § 160005

Explanation

This law outlines the powers of the Peninsula Corridor Study Joint Powers Board in California. It can acquire and manage property for railways, enter into necessary contracts, and set its rates and services without needing approval from the Public Utilities Commission, except for safety issues. The Board can also protect and defend rail service operators and the Department of Transportation when property responsibilities shift to the Board. Additionally, the Board can appoint leaders, hire staff, and engage in legal actions.

In addition to powers delegated to the Peninsula Corridor Study Joint Powers Board by a joint exercise of powers agreement pursuant to Section 1 of Chapter 1328 of the Statutes of 1987, the district has all of the following powers:
(a)CA Public Utilities Code § 160005(a) To acquire real and personal property of every kind for rail purposes by grant, gift, devise, lease, or eminent domain, and to hold, use, sell, lease, or transfer any such property.
(b)CA Public Utilities Code § 160005(b) To enter into any contract necessary for its powers.
(c)CA Public Utilities Code § 160005(c) To establish or change rates, charges, and services. The Public Utilities Commission has no jurisdiction over the district or any of its activities except as to matters of public safety.
(d)CA Public Utilities Code § 160005(d) To indemnify and defend any railroad corporation, regardless of its negligence, that operates rail services for the district pursuant to contract.
(e)CA Public Utilities Code § 160005(e) To appoint an executive officer, and to employ staff and legal counsel.
(f)CA Public Utilities Code § 160005(f) To sue and be sued.
(g)CA Public Utilities Code § 160005(g) To indemnify and defend the Department of Transportation with respect to the transfer of rights-of-way, stations, rail passenger equipment, and facilities, and contracts, leases, or agreements relative to those properties whose ownership or responsibility is transferred to the district in accordance with the terms of an agreement to be negotiated.
Peninsula Corridor Study Joint Powers Board rail property acquisition contract authority rate setting Public Utilities Commission jurisdiction rail service indemnification executive appointments legal staff employment railway operations property management railway safety issues real property transfer transportation agreements rail service operators
(Added by Stats. 1988, Ch. 1434, Sec. 4. Conditionally operative as prescribed by Stats. 1988, Ch. 1434, Sec. 11.)

Section § 160006

Explanation

This law allows a district to take over rail services and infrastructure from the Department of Transportation, specifically the rail service between San Francisco and San Jose, as well as the right-of-way currently owned by the Southern Pacific Transportation Company. The district can manage and operate these rail services and is permitted to work with railroad companies to provide these services. If they meet certain requirements, they can also extend commuter rail services from San Jose to Gilroy.

Furthermore, if the district receives any rail assets from the Department of Transportation without paying for them, it must also take on any associated responsibilities, like debts or grant conditions.

(a)CA Public Utilities Code § 160006(a) If the district acquires stations, facilities, and passenger equipment owned or leased by the Department of Transportation for the passenger rail service provided by the Southern Pacific Transportation Company between San Francisco and San Jose and points in between, and if the district acquires from the Department of Transportation the right-of-way between San Francisco and San Jose presently owned by the Southern Pacific Transportation Company, the district may own, operate, construct, manage, and maintain rights-of-way, stations, facilities, and equipment necessary for the operation of rail passenger and freight services between San Francisco and Alma and points in between, and may contract with any railroad corporation for the purchase of, or to subsidize, service between San Francisco and Alma and points in between. Upon completion of the conditions specified in subdivision (a) of Section 14035.4 of the Government Code, the district may provide commuter rail service between San Jose and Gilroy.
(b)CA Public Utilities Code § 160006(b) Any assets transferred from the Department of Transportation to the district without compensation shall be transferred with all attendant obligations, liabilities, debts, and grant conditions established by the department, including Urban Mass Transportation Administration grants and sale and leaseback contracts.
rail service acquisition Southern Pacific Transportation Company passenger rail service San Francisco San Jose right-of-way commuter rail service rail infrastructure management rail asset transfer Urban Mass Transportation Administration San Jose to Gilroy railway obligations railway liabilities rail equipment management subsidize rail service
(Amended (as added by Stats. 1988, Ch. 1434) by Stats. 1989, Ch. 922, Sec. 3. Section conditionally operative as prescribed by Stats. 1988, Ch. 1434, Sec. 11.)