California 2021-2022 Regular Session

California Assembly Bill AB784 Compare Versions

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1-Assembly Bill No. 784 CHAPTER 200 An act to amend Sections 24535, 24865, 24931, 24932, 24937, 24938, 25331, 25333, 25813, and 26210.5 of, to repeal Section 24933 of, to repeal and add Sections 24826 and 24935 of, and to repeal and add Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of, the Public Utilities Code, relating to transportation. [ Approved by Governor September 22, 2021. Filed with Secretary of State September 22, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 784, Quirk. Alameda-Contra Costa Transit District.(1) The Transit District Law authorizes any city together with unincorporated territory, or 2 or more cities, with or without unincorporated territory, in either the Counties of Alameda or Contra Costa or both, to organize and incorporate as a transit district divided into 5 wards with specified powers and duties relative to providing public transit service.This bill would repeal the authority to form a transit district under these provisions and would recognize the Alameda-Contra Costa Transit District as the district formed pursuant to this authority. (2) Existing law requires a local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated and, for purposes of this provision, excludes rapid transit districts from the definition of a local agency.This bill would designate the Alameda-Contra Costa Transit District as a rapid transit district, thereby excluding the district from the definition of a local agency for purposes of that provision.(3) Existing law vests the government of a transit district formed under the Transit District Law in the board of 7 directors, one from each ward and 2 at large. Existing law requires elections for the Alameda-Contra Costa Transit District to be conducted in accordance with the Uniform District Election Law and requires any costs incurred by county officials to be paid by the transit district. Existing law requires the nomination paper for directors elected by wards to be signed by 50 voters of the respective ward, and requires the nomination paper for directors elected at large to be signed by 50 voters of the district.The bill would increase the number of signatures required for nomination papers for directors elected at large to 100 voters of the district. In lieu of signatures, the bill would authorize a nomination paper for directors elected by ward or at large to include a filing fee in the amount of $150. This bill would require the nomination papers to be filed with, and the in-lieu fees to be paid to, the county elections official in the county or counties in which the candidate is running. To the extent that the bill imposes additional duties on a county elections official in processing the nomination papers and in-lieu filing fees, the bill would impose a state-mandated local program.(4) Existing law authorizes the board of directors of a transit district formed under the Transit District Law to establish a retirement system for the officers and employees of the district, as specified, and prohibits the retirement system from applying to elective officers. Existing law authorizes the board to prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries are entitled to benefits and the amounts of those benefits.If a former employee of the Alameda-Contra Costa Transit District is elected to the board, this bill would prohibit a retirement system from applying to their service on the board.(5) This bill would make other related changes including various changes to the organization and administration of the district and to the duties of the appointive officers of the district.(6) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Contra Costa.(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 24535 of the Public Utilities Code is amended to read:24535. Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under this part, except in the single instance provided in Section 26244, the signature may be made by the use of a plate bearing facsimiles of those signatures or by submittal of a digital signature consistent with Section 16.5 of the Government Code or an electronic signature, as defined in subdivision (h) of Section 1633.2 of the Civil Code.SEC. 2. Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of the Public Utilities Code is repealed.SEC. 3. Chapter 2 (commencing with Section 24561) is added to Part 1 of Division 10 of the Public Utilities Code, to read: CHAPTER 2. Alameda-Contra Costa Transit District24561. The Alameda-Contra Costa Transit District formed pursuant to this section, as it read on January 1, 2021, shall continue in existence unless dissolved pursuant to Chapter 11 (commencing with Section 27501) and is hereby designated a rapid transit district.SEC. 4. Section 24826 of the Public Utilities Code is repealed.SEC. 5. Section 24826 is added to the Public Utilities Code, to read:24826. (a) The nomination paper for a director shall contain the name of the candidate and other information as may be required herein. The nomination paper shall also meet either of the following requirements:(1) The nomination paper shall be signed as follows:(A) For directors elected by wards, by a minimum of 50 voters of the respective ward.(B) For directors elected at large, by a minimum of 100 voters of the district.(2) The nomination paper shall include a filing fee in the amount of one hundred fifty dollars ($150) in lieu of signatures.(b) All nomination papers shall be filed with, and all in-lieu fees shall be paid to, the county elections official in the county or counties in which the candidate is running.SEC. 6. Section 24865 of the Public Utilities Code is amended to read:24865. Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a member. If a vacancy exists for 90 days, the Governor shall fill the vacancy.SEC. 7. Section 24931 of the Public Utilities Code is amended to read:24931. The board may appoint a secretary and a general counsel who shall hold office during the pleasure of the board.SEC. 8. Section 24932 of the Public Utilities Code is amended to read:24932. The general counsel shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of law for not less than five years next preceding appointment pursuant to Section 24931.SEC. 9. Section 24933 of the Public Utilities Code is repealed.SEC. 10. Section 24935 of the Public Utilities Code is repealed.SEC. 11. Section 24935 is added to the Public Utilities Code, to read:24935. Each appointive officer shall devote their entire time to the district, meaning that the officer shall not engage in any other business or employment without prior approval from the board.SEC. 12. Section 24937 of the Public Utilities Code is amended to read:24937. The general manager shall within 180 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this division for the publication of ordinances and notices generally.SEC. 13. Section 24938 of the Public Utilities Code is amended to read:24938. The general counsel shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. The general counsel shall give their advice or opinion in writing whenever required by the board. The general counsel shall be the legal adviser of the general manager and other district officers and shall prepare or approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. The general counsel shall perform other and additional services that the board may require.SEC. 14. Section 25331 of the Public Utilities Code is amended to read:25331. (a) The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts of the benefits.(b) If a former employee is elected as a board member, the retirement system shall not apply to their service on the board.SEC. 15. Section 25333 of the Public Utilities Code is amended to read:25333. The board may require the district to contribute the entire cost of the retirement system or may require an officer or employee of the district, upon becoming a member of the retirement system, to contribute a portion of the cost, as permitted or required by law. The amount of the officer or employee contribution shall be determined by the board, as permitted or required by law.SEC. 16. Section 25813 of the Public Utilities Code is amended to read:25813. The general counsel for the district shall be present at the hearing and shall advise the board on matters of law, and shall render other assistance that may be requested by the board.SEC. 17. Section 26210.5 of the Public Utilities Code is amended to read:26210.5. The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable to any bond election held pursuant to this article. Wherever the words county clerk or county elections official appear in the Elections Code, the words secretary of the board shall be substituted, for the purposes of this article, and wherever the words board of supervisors appear in the Elections Code, the words board of directors shall be substituted, and wherever the words district attorney or county counsel appear in the Elections Code, the words general counsel for the district shall be substituted.SEC. 18. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the provision of public transit in the Counties of Alameda and Contra Costa.SEC. 19. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
1+Enrolled August 27, 2021 Passed IN Senate August 19, 2021 Passed IN Assembly August 26, 2021 Amended IN Senate July 05, 2021 Amended IN Senate June 16, 2021 Amended IN Assembly March 15, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 784Introduced by Assembly Member QuirkFebruary 16, 2021 An act to amend Sections 24535, 24865, 24931, 24932, 24937, 24938, 25331, 25333, 25813, and 26210.5 of, to repeal Section 24933 of, to repeal and add Sections 24826 and 24935 of, and to repeal and add Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of, the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 784, Quirk. Alameda-Contra Costa Transit District.(1) The Transit District Law authorizes any city together with unincorporated territory, or 2 or more cities, with or without unincorporated territory, in either the Counties of Alameda or Contra Costa or both, to organize and incorporate as a transit district divided into 5 wards with specified powers and duties relative to providing public transit service.This bill would repeal the authority to form a transit district under these provisions and would recognize the Alameda-Contra Costa Transit District as the district formed pursuant to this authority. (2) Existing law requires a local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated and, for purposes of this provision, excludes rapid transit districts from the definition of a local agency.This bill would designate the Alameda-Contra Costa Transit District as a rapid transit district, thereby excluding the district from the definition of a local agency for purposes of that provision.(3) Existing law vests the government of a transit district formed under the Transit District Law in the board of 7 directors, one from each ward and 2 at large. Existing law requires elections for the Alameda-Contra Costa Transit District to be conducted in accordance with the Uniform District Election Law and requires any costs incurred by county officials to be paid by the transit district. Existing law requires the nomination paper for directors elected by wards to be signed by 50 voters of the respective ward, and requires the nomination paper for directors elected at large to be signed by 50 voters of the district.The bill would increase the number of signatures required for nomination papers for directors elected at large to 100 voters of the district. In lieu of signatures, the bill would authorize a nomination paper for directors elected by ward or at large to include a filing fee in the amount of $150. This bill would require the nomination papers to be filed with, and the in-lieu fees to be paid to, the county elections official in the county or counties in which the candidate is running. To the extent that the bill imposes additional duties on a county elections official in processing the nomination papers and in-lieu filing fees, the bill would impose a state-mandated local program.(4) Existing law authorizes the board of directors of a transit district formed under the Transit District Law to establish a retirement system for the officers and employees of the district, as specified, and prohibits the retirement system from applying to elective officers. Existing law authorizes the board to prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries are entitled to benefits and the amounts of those benefits.If a former employee of the Alameda-Contra Costa Transit District is elected to the board, this bill would prohibit a retirement system from applying to their service on the board.(5) This bill would make other related changes including various changes to the organization and administration of the district and to the duties of the appointive officers of the district.(6) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Contra Costa.(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 24535 of the Public Utilities Code is amended to read:24535. Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under this part, except in the single instance provided in Section 26244, the signature may be made by the use of a plate bearing facsimiles of those signatures or by submittal of a digital signature consistent with Section 16.5 of the Government Code or an electronic signature, as defined in subdivision (h) of Section 1633.2 of the Civil Code.SEC. 2. Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of the Public Utilities Code is repealed.SEC. 3. Chapter 2 (commencing with Section 24561) is added to Part 1 of Division 10 of the Public Utilities Code, to read: CHAPTER 2. Alameda-Contra Costa Transit District24561. The Alameda-Contra Costa Transit District formed pursuant to this section, as it read on January 1, 2021, shall continue in existence unless dissolved pursuant to Chapter 11 (commencing with Section 27501) and is hereby designated a rapid transit district.SEC. 4. Section 24826 of the Public Utilities Code is repealed.SEC. 5. Section 24826 is added to the Public Utilities Code, to read:24826. (a) The nomination paper for a director shall contain the name of the candidate and other information as may be required herein. The nomination paper shall also meet either of the following requirements:(1) The nomination paper shall be signed as follows:(A) For directors elected by wards, by a minimum of 50 voters of the respective ward.(B) For directors elected at large, by a minimum of 100 voters of the district.(2) The nomination paper shall include a filing fee in the amount of one hundred fifty dollars ($150) in lieu of signatures.(b) All nomination papers shall be filed with, and all in-lieu fees shall be paid to, the county elections official in the county or counties in which the candidate is running.SEC. 6. Section 24865 of the Public Utilities Code is amended to read:24865. Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a member. If a vacancy exists for 90 days, the Governor shall fill the vacancy.SEC. 7. Section 24931 of the Public Utilities Code is amended to read:24931. The board may appoint a secretary and a general counsel who shall hold office during the pleasure of the board.SEC. 8. Section 24932 of the Public Utilities Code is amended to read:24932. The general counsel shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of law for not less than five years next preceding appointment pursuant to Section 24931.SEC. 9. Section 24933 of the Public Utilities Code is repealed.SEC. 10. Section 24935 of the Public Utilities Code is repealed.SEC. 11. Section 24935 is added to the Public Utilities Code, to read:24935. Each appointive officer shall devote their entire time to the district, meaning that the officer shall not engage in any other business or employment without prior approval from the board.SEC. 12. Section 24937 of the Public Utilities Code is amended to read:24937. The general manager shall within 180 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this division for the publication of ordinances and notices generally.SEC. 13. Section 24938 of the Public Utilities Code is amended to read:24938. The general counsel shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. The general counsel shall give their advice or opinion in writing whenever required by the board. The general counsel shall be the legal adviser of the general manager and other district officers and shall prepare or approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. The general counsel shall perform other and additional services that the board may require.SEC. 14. Section 25331 of the Public Utilities Code is amended to read:25331. (a) The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts of the benefits.(b) If a former employee is elected as a board member, the retirement system shall not apply to their service on the board.SEC. 15. Section 25333 of the Public Utilities Code is amended to read:25333. The board may require the district to contribute the entire cost of the retirement system or may require an officer or employee of the district, upon becoming a member of the retirement system, to contribute a portion of the cost, as permitted or required by law. The amount of the officer or employee contribution shall be determined by the board, as permitted or required by law.SEC. 16. Section 25813 of the Public Utilities Code is amended to read:25813. The general counsel for the district shall be present at the hearing and shall advise the board on matters of law, and shall render other assistance that may be requested by the board.SEC. 17. Section 26210.5 of the Public Utilities Code is amended to read:26210.5. The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable to any bond election held pursuant to this article. Wherever the words county clerk or county elections official appear in the Elections Code, the words secretary of the board shall be substituted, for the purposes of this article, and wherever the words board of supervisors appear in the Elections Code, the words board of directors shall be substituted, and wherever the words district attorney or county counsel appear in the Elections Code, the words general counsel for the district shall be substituted.SEC. 18. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the provision of public transit in the Counties of Alameda and Contra Costa.SEC. 19. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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3- Assembly Bill No. 784 CHAPTER 200 An act to amend Sections 24535, 24865, 24931, 24932, 24937, 24938, 25331, 25333, 25813, and 26210.5 of, to repeal Section 24933 of, to repeal and add Sections 24826 and 24935 of, and to repeal and add Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of, the Public Utilities Code, relating to transportation. [ Approved by Governor September 22, 2021. Filed with Secretary of State September 22, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 784, Quirk. Alameda-Contra Costa Transit District.(1) The Transit District Law authorizes any city together with unincorporated territory, or 2 or more cities, with or without unincorporated territory, in either the Counties of Alameda or Contra Costa or both, to organize and incorporate as a transit district divided into 5 wards with specified powers and duties relative to providing public transit service.This bill would repeal the authority to form a transit district under these provisions and would recognize the Alameda-Contra Costa Transit District as the district formed pursuant to this authority. (2) Existing law requires a local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated and, for purposes of this provision, excludes rapid transit districts from the definition of a local agency.This bill would designate the Alameda-Contra Costa Transit District as a rapid transit district, thereby excluding the district from the definition of a local agency for purposes of that provision.(3) Existing law vests the government of a transit district formed under the Transit District Law in the board of 7 directors, one from each ward and 2 at large. Existing law requires elections for the Alameda-Contra Costa Transit District to be conducted in accordance with the Uniform District Election Law and requires any costs incurred by county officials to be paid by the transit district. Existing law requires the nomination paper for directors elected by wards to be signed by 50 voters of the respective ward, and requires the nomination paper for directors elected at large to be signed by 50 voters of the district.The bill would increase the number of signatures required for nomination papers for directors elected at large to 100 voters of the district. In lieu of signatures, the bill would authorize a nomination paper for directors elected by ward or at large to include a filing fee in the amount of $150. This bill would require the nomination papers to be filed with, and the in-lieu fees to be paid to, the county elections official in the county or counties in which the candidate is running. To the extent that the bill imposes additional duties on a county elections official in processing the nomination papers and in-lieu filing fees, the bill would impose a state-mandated local program.(4) Existing law authorizes the board of directors of a transit district formed under the Transit District Law to establish a retirement system for the officers and employees of the district, as specified, and prohibits the retirement system from applying to elective officers. Existing law authorizes the board to prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries are entitled to benefits and the amounts of those benefits.If a former employee of the Alameda-Contra Costa Transit District is elected to the board, this bill would prohibit a retirement system from applying to their service on the board.(5) This bill would make other related changes including various changes to the organization and administration of the district and to the duties of the appointive officers of the district.(6) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Contra Costa.(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled August 27, 2021 Passed IN Senate August 19, 2021 Passed IN Assembly August 26, 2021 Amended IN Senate July 05, 2021 Amended IN Senate June 16, 2021 Amended IN Assembly March 15, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 784Introduced by Assembly Member QuirkFebruary 16, 2021 An act to amend Sections 24535, 24865, 24931, 24932, 24937, 24938, 25331, 25333, 25813, and 26210.5 of, to repeal Section 24933 of, to repeal and add Sections 24826 and 24935 of, and to repeal and add Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of, the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 784, Quirk. Alameda-Contra Costa Transit District.(1) The Transit District Law authorizes any city together with unincorporated territory, or 2 or more cities, with or without unincorporated territory, in either the Counties of Alameda or Contra Costa or both, to organize and incorporate as a transit district divided into 5 wards with specified powers and duties relative to providing public transit service.This bill would repeal the authority to form a transit district under these provisions and would recognize the Alameda-Contra Costa Transit District as the district formed pursuant to this authority. (2) Existing law requires a local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated and, for purposes of this provision, excludes rapid transit districts from the definition of a local agency.This bill would designate the Alameda-Contra Costa Transit District as a rapid transit district, thereby excluding the district from the definition of a local agency for purposes of that provision.(3) Existing law vests the government of a transit district formed under the Transit District Law in the board of 7 directors, one from each ward and 2 at large. Existing law requires elections for the Alameda-Contra Costa Transit District to be conducted in accordance with the Uniform District Election Law and requires any costs incurred by county officials to be paid by the transit district. Existing law requires the nomination paper for directors elected by wards to be signed by 50 voters of the respective ward, and requires the nomination paper for directors elected at large to be signed by 50 voters of the district.The bill would increase the number of signatures required for nomination papers for directors elected at large to 100 voters of the district. In lieu of signatures, the bill would authorize a nomination paper for directors elected by ward or at large to include a filing fee in the amount of $150. This bill would require the nomination papers to be filed with, and the in-lieu fees to be paid to, the county elections official in the county or counties in which the candidate is running. To the extent that the bill imposes additional duties on a county elections official in processing the nomination papers and in-lieu filing fees, the bill would impose a state-mandated local program.(4) Existing law authorizes the board of directors of a transit district formed under the Transit District Law to establish a retirement system for the officers and employees of the district, as specified, and prohibits the retirement system from applying to elective officers. Existing law authorizes the board to prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries are entitled to benefits and the amounts of those benefits.If a former employee of the Alameda-Contra Costa Transit District is elected to the board, this bill would prohibit a retirement system from applying to their service on the board.(5) This bill would make other related changes including various changes to the organization and administration of the district and to the duties of the appointive officers of the district.(6) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Contra Costa.(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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5- Assembly Bill No. 784 CHAPTER 200
5+ Enrolled August 27, 2021 Passed IN Senate August 19, 2021 Passed IN Assembly August 26, 2021 Amended IN Senate July 05, 2021 Amended IN Senate June 16, 2021 Amended IN Assembly March 15, 2021
66
7- Assembly Bill No. 784
7+Enrolled August 27, 2021
8+Passed IN Senate August 19, 2021
9+Passed IN Assembly August 26, 2021
10+Amended IN Senate July 05, 2021
11+Amended IN Senate June 16, 2021
12+Amended IN Assembly March 15, 2021
813
9- CHAPTER 200
14+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
15+
16+ Assembly Bill
17+
18+No. 784
19+
20+Introduced by Assembly Member QuirkFebruary 16, 2021
21+
22+Introduced by Assembly Member Quirk
23+February 16, 2021
1024
1125 An act to amend Sections 24535, 24865, 24931, 24932, 24937, 24938, 25331, 25333, 25813, and 26210.5 of, to repeal Section 24933 of, to repeal and add Sections 24826 and 24935 of, and to repeal and add Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of, the Public Utilities Code, relating to transportation.
12-
13- [ Approved by Governor September 22, 2021. Filed with Secretary of State September 22, 2021. ]
1426
1527 LEGISLATIVE COUNSEL'S DIGEST
1628
1729 ## LEGISLATIVE COUNSEL'S DIGEST
1830
1931 AB 784, Quirk. Alameda-Contra Costa Transit District.
2032
2133 (1) The Transit District Law authorizes any city together with unincorporated territory, or 2 or more cities, with or without unincorporated territory, in either the Counties of Alameda or Contra Costa or both, to organize and incorporate as a transit district divided into 5 wards with specified powers and duties relative to providing public transit service.This bill would repeal the authority to form a transit district under these provisions and would recognize the Alameda-Contra Costa Transit District as the district formed pursuant to this authority. (2) Existing law requires a local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated and, for purposes of this provision, excludes rapid transit districts from the definition of a local agency.This bill would designate the Alameda-Contra Costa Transit District as a rapid transit district, thereby excluding the district from the definition of a local agency for purposes of that provision.(3) Existing law vests the government of a transit district formed under the Transit District Law in the board of 7 directors, one from each ward and 2 at large. Existing law requires elections for the Alameda-Contra Costa Transit District to be conducted in accordance with the Uniform District Election Law and requires any costs incurred by county officials to be paid by the transit district. Existing law requires the nomination paper for directors elected by wards to be signed by 50 voters of the respective ward, and requires the nomination paper for directors elected at large to be signed by 50 voters of the district.The bill would increase the number of signatures required for nomination papers for directors elected at large to 100 voters of the district. In lieu of signatures, the bill would authorize a nomination paper for directors elected by ward or at large to include a filing fee in the amount of $150. This bill would require the nomination papers to be filed with, and the in-lieu fees to be paid to, the county elections official in the county or counties in which the candidate is running. To the extent that the bill imposes additional duties on a county elections official in processing the nomination papers and in-lieu filing fees, the bill would impose a state-mandated local program.(4) Existing law authorizes the board of directors of a transit district formed under the Transit District Law to establish a retirement system for the officers and employees of the district, as specified, and prohibits the retirement system from applying to elective officers. Existing law authorizes the board to prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries are entitled to benefits and the amounts of those benefits.If a former employee of the Alameda-Contra Costa Transit District is elected to the board, this bill would prohibit a retirement system from applying to their service on the board.(5) This bill would make other related changes including various changes to the organization and administration of the district and to the duties of the appointive officers of the district.(6) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Contra Costa.(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
2234
2335 (1) The Transit District Law authorizes any city together with unincorporated territory, or 2 or more cities, with or without unincorporated territory, in either the Counties of Alameda or Contra Costa or both, to organize and incorporate as a transit district divided into 5 wards with specified powers and duties relative to providing public transit service.
2436
2537 This bill would repeal the authority to form a transit district under these provisions and would recognize the Alameda-Contra Costa Transit District as the district formed pursuant to this authority.
2638
2739 (2) Existing law requires a local agency to comply with all applicable building ordinances and zoning ordinances of the county or city in which the territory of the local agency is situated and, for purposes of this provision, excludes rapid transit districts from the definition of a local agency.
2840
2941 This bill would designate the Alameda-Contra Costa Transit District as a rapid transit district, thereby excluding the district from the definition of a local agency for purposes of that provision.
3042
3143 (3) Existing law vests the government of a transit district formed under the Transit District Law in the board of 7 directors, one from each ward and 2 at large. Existing law requires elections for the Alameda-Contra Costa Transit District to be conducted in accordance with the Uniform District Election Law and requires any costs incurred by county officials to be paid by the transit district. Existing law requires the nomination paper for directors elected by wards to be signed by 50 voters of the respective ward, and requires the nomination paper for directors elected at large to be signed by 50 voters of the district.
3244
3345 The bill would increase the number of signatures required for nomination papers for directors elected at large to 100 voters of the district. In lieu of signatures, the bill would authorize a nomination paper for directors elected by ward or at large to include a filing fee in the amount of $150. This bill would require the nomination papers to be filed with, and the in-lieu fees to be paid to, the county elections official in the county or counties in which the candidate is running. To the extent that the bill imposes additional duties on a county elections official in processing the nomination papers and in-lieu filing fees, the bill would impose a state-mandated local program.
3446
3547 (4) Existing law authorizes the board of directors of a transit district formed under the Transit District Law to establish a retirement system for the officers and employees of the district, as specified, and prohibits the retirement system from applying to elective officers. Existing law authorizes the board to prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries are entitled to benefits and the amounts of those benefits.
3648
3749 If a former employee of the Alameda-Contra Costa Transit District is elected to the board, this bill would prohibit a retirement system from applying to their service on the board.
3850
3951 (5) This bill would make other related changes including various changes to the organization and administration of the district and to the duties of the appointive officers of the district.
4052
4153 (6) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Contra Costa.
4254
4355 (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
4456
4557 This bill would provide that no reimbursement is required by this act for a specified reason.
4658
4759 ## Digest Key
4860
4961 ## Bill Text
5062
5163 The people of the State of California do enact as follows:SECTION 1. Section 24535 of the Public Utilities Code is amended to read:24535. Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under this part, except in the single instance provided in Section 26244, the signature may be made by the use of a plate bearing facsimiles of those signatures or by submittal of a digital signature consistent with Section 16.5 of the Government Code or an electronic signature, as defined in subdivision (h) of Section 1633.2 of the Civil Code.SEC. 2. Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of the Public Utilities Code is repealed.SEC. 3. Chapter 2 (commencing with Section 24561) is added to Part 1 of Division 10 of the Public Utilities Code, to read: CHAPTER 2. Alameda-Contra Costa Transit District24561. The Alameda-Contra Costa Transit District formed pursuant to this section, as it read on January 1, 2021, shall continue in existence unless dissolved pursuant to Chapter 11 (commencing with Section 27501) and is hereby designated a rapid transit district.SEC. 4. Section 24826 of the Public Utilities Code is repealed.SEC. 5. Section 24826 is added to the Public Utilities Code, to read:24826. (a) The nomination paper for a director shall contain the name of the candidate and other information as may be required herein. The nomination paper shall also meet either of the following requirements:(1) The nomination paper shall be signed as follows:(A) For directors elected by wards, by a minimum of 50 voters of the respective ward.(B) For directors elected at large, by a minimum of 100 voters of the district.(2) The nomination paper shall include a filing fee in the amount of one hundred fifty dollars ($150) in lieu of signatures.(b) All nomination papers shall be filed with, and all in-lieu fees shall be paid to, the county elections official in the county or counties in which the candidate is running.SEC. 6. Section 24865 of the Public Utilities Code is amended to read:24865. Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a member. If a vacancy exists for 90 days, the Governor shall fill the vacancy.SEC. 7. Section 24931 of the Public Utilities Code is amended to read:24931. The board may appoint a secretary and a general counsel who shall hold office during the pleasure of the board.SEC. 8. Section 24932 of the Public Utilities Code is amended to read:24932. The general counsel shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of law for not less than five years next preceding appointment pursuant to Section 24931.SEC. 9. Section 24933 of the Public Utilities Code is repealed.SEC. 10. Section 24935 of the Public Utilities Code is repealed.SEC. 11. Section 24935 is added to the Public Utilities Code, to read:24935. Each appointive officer shall devote their entire time to the district, meaning that the officer shall not engage in any other business or employment without prior approval from the board.SEC. 12. Section 24937 of the Public Utilities Code is amended to read:24937. The general manager shall within 180 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this division for the publication of ordinances and notices generally.SEC. 13. Section 24938 of the Public Utilities Code is amended to read:24938. The general counsel shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. The general counsel shall give their advice or opinion in writing whenever required by the board. The general counsel shall be the legal adviser of the general manager and other district officers and shall prepare or approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. The general counsel shall perform other and additional services that the board may require.SEC. 14. Section 25331 of the Public Utilities Code is amended to read:25331. (a) The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts of the benefits.(b) If a former employee is elected as a board member, the retirement system shall not apply to their service on the board.SEC. 15. Section 25333 of the Public Utilities Code is amended to read:25333. The board may require the district to contribute the entire cost of the retirement system or may require an officer or employee of the district, upon becoming a member of the retirement system, to contribute a portion of the cost, as permitted or required by law. The amount of the officer or employee contribution shall be determined by the board, as permitted or required by law.SEC. 16. Section 25813 of the Public Utilities Code is amended to read:25813. The general counsel for the district shall be present at the hearing and shall advise the board on matters of law, and shall render other assistance that may be requested by the board.SEC. 17. Section 26210.5 of the Public Utilities Code is amended to read:26210.5. The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable to any bond election held pursuant to this article. Wherever the words county clerk or county elections official appear in the Elections Code, the words secretary of the board shall be substituted, for the purposes of this article, and wherever the words board of supervisors appear in the Elections Code, the words board of directors shall be substituted, and wherever the words district attorney or county counsel appear in the Elections Code, the words general counsel for the district shall be substituted.SEC. 18. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the provision of public transit in the Counties of Alameda and Contra Costa.SEC. 19. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
5264
5365 The people of the State of California do enact as follows:
5466
5567 ## The people of the State of California do enact as follows:
5668
5769 SECTION 1. Section 24535 of the Public Utilities Code is amended to read:24535. Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under this part, except in the single instance provided in Section 26244, the signature may be made by the use of a plate bearing facsimiles of those signatures or by submittal of a digital signature consistent with Section 16.5 of the Government Code or an electronic signature, as defined in subdivision (h) of Section 1633.2 of the Civil Code.
5870
5971 SECTION 1. Section 24535 of the Public Utilities Code is amended to read:
6072
6173 ### SECTION 1.
6274
6375 24535. Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under this part, except in the single instance provided in Section 26244, the signature may be made by the use of a plate bearing facsimiles of those signatures or by submittal of a digital signature consistent with Section 16.5 of the Government Code or an electronic signature, as defined in subdivision (h) of Section 1633.2 of the Civil Code.
6476
6577 24535. Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under this part, except in the single instance provided in Section 26244, the signature may be made by the use of a plate bearing facsimiles of those signatures or by submittal of a digital signature consistent with Section 16.5 of the Government Code or an electronic signature, as defined in subdivision (h) of Section 1633.2 of the Civil Code.
6678
6779 24535. Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under this part, except in the single instance provided in Section 26244, the signature may be made by the use of a plate bearing facsimiles of those signatures or by submittal of a digital signature consistent with Section 16.5 of the Government Code or an electronic signature, as defined in subdivision (h) of Section 1633.2 of the Civil Code.
6880
6981
7082
7183 24535. Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under this part, except in the single instance provided in Section 26244, the signature may be made by the use of a plate bearing facsimiles of those signatures or by submittal of a digital signature consistent with Section 16.5 of the Government Code or an electronic signature, as defined in subdivision (h) of Section 1633.2 of the Civil Code.
7284
7385 SEC. 2. Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of the Public Utilities Code is repealed.
7486
7587 SEC. 2. Chapter 2 (commencing with Section 24561) of Part 1 of Division 10 of the Public Utilities Code is repealed.
7688
7789 ### SEC. 2.
7890
7991
8092
8193 SEC. 3. Chapter 2 (commencing with Section 24561) is added to Part 1 of Division 10 of the Public Utilities Code, to read: CHAPTER 2. Alameda-Contra Costa Transit District24561. The Alameda-Contra Costa Transit District formed pursuant to this section, as it read on January 1, 2021, shall continue in existence unless dissolved pursuant to Chapter 11 (commencing with Section 27501) and is hereby designated a rapid transit district.
8294
8395 SEC. 3. Chapter 2 (commencing with Section 24561) is added to Part 1 of Division 10 of the Public Utilities Code, to read:
8496
8597 ### SEC. 3.
8698
8799 CHAPTER 2. Alameda-Contra Costa Transit District24561. The Alameda-Contra Costa Transit District formed pursuant to this section, as it read on January 1, 2021, shall continue in existence unless dissolved pursuant to Chapter 11 (commencing with Section 27501) and is hereby designated a rapid transit district.
88100
89101 CHAPTER 2. Alameda-Contra Costa Transit District24561. The Alameda-Contra Costa Transit District formed pursuant to this section, as it read on January 1, 2021, shall continue in existence unless dissolved pursuant to Chapter 11 (commencing with Section 27501) and is hereby designated a rapid transit district.
90102
91103 CHAPTER 2. Alameda-Contra Costa Transit District
92104
93105 CHAPTER 2. Alameda-Contra Costa Transit District
94106
95107 24561. The Alameda-Contra Costa Transit District formed pursuant to this section, as it read on January 1, 2021, shall continue in existence unless dissolved pursuant to Chapter 11 (commencing with Section 27501) and is hereby designated a rapid transit district.
96108
97109
98110
99111 24561. The Alameda-Contra Costa Transit District formed pursuant to this section, as it read on January 1, 2021, shall continue in existence unless dissolved pursuant to Chapter 11 (commencing with Section 27501) and is hereby designated a rapid transit district.
100112
101113 SEC. 4. Section 24826 of the Public Utilities Code is repealed.
102114
103115 SEC. 4. Section 24826 of the Public Utilities Code is repealed.
104116
105117 ### SEC. 4.
106118
107119
108120
109121 SEC. 5. Section 24826 is added to the Public Utilities Code, to read:24826. (a) The nomination paper for a director shall contain the name of the candidate and other information as may be required herein. The nomination paper shall also meet either of the following requirements:(1) The nomination paper shall be signed as follows:(A) For directors elected by wards, by a minimum of 50 voters of the respective ward.(B) For directors elected at large, by a minimum of 100 voters of the district.(2) The nomination paper shall include a filing fee in the amount of one hundred fifty dollars ($150) in lieu of signatures.(b) All nomination papers shall be filed with, and all in-lieu fees shall be paid to, the county elections official in the county or counties in which the candidate is running.
110122
111123 SEC. 5. Section 24826 is added to the Public Utilities Code, to read:
112124
113125 ### SEC. 5.
114126
115127 24826. (a) The nomination paper for a director shall contain the name of the candidate and other information as may be required herein. The nomination paper shall also meet either of the following requirements:(1) The nomination paper shall be signed as follows:(A) For directors elected by wards, by a minimum of 50 voters of the respective ward.(B) For directors elected at large, by a minimum of 100 voters of the district.(2) The nomination paper shall include a filing fee in the amount of one hundred fifty dollars ($150) in lieu of signatures.(b) All nomination papers shall be filed with, and all in-lieu fees shall be paid to, the county elections official in the county or counties in which the candidate is running.
116128
117129 24826. (a) The nomination paper for a director shall contain the name of the candidate and other information as may be required herein. The nomination paper shall also meet either of the following requirements:(1) The nomination paper shall be signed as follows:(A) For directors elected by wards, by a minimum of 50 voters of the respective ward.(B) For directors elected at large, by a minimum of 100 voters of the district.(2) The nomination paper shall include a filing fee in the amount of one hundred fifty dollars ($150) in lieu of signatures.(b) All nomination papers shall be filed with, and all in-lieu fees shall be paid to, the county elections official in the county or counties in which the candidate is running.
118130
119131 24826. (a) The nomination paper for a director shall contain the name of the candidate and other information as may be required herein. The nomination paper shall also meet either of the following requirements:(1) The nomination paper shall be signed as follows:(A) For directors elected by wards, by a minimum of 50 voters of the respective ward.(B) For directors elected at large, by a minimum of 100 voters of the district.(2) The nomination paper shall include a filing fee in the amount of one hundred fifty dollars ($150) in lieu of signatures.(b) All nomination papers shall be filed with, and all in-lieu fees shall be paid to, the county elections official in the county or counties in which the candidate is running.
120132
121133
122134
123135 24826. (a) The nomination paper for a director shall contain the name of the candidate and other information as may be required herein. The nomination paper shall also meet either of the following requirements:
124136
125137 (1) The nomination paper shall be signed as follows:
126138
127139 (A) For directors elected by wards, by a minimum of 50 voters of the respective ward.
128140
129141 (B) For directors elected at large, by a minimum of 100 voters of the district.
130142
131143 (2) The nomination paper shall include a filing fee in the amount of one hundred fifty dollars ($150) in lieu of signatures.
132144
133145 (b) All nomination papers shall be filed with, and all in-lieu fees shall be paid to, the county elections official in the county or counties in which the candidate is running.
134146
135147 SEC. 6. Section 24865 of the Public Utilities Code is amended to read:24865. Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a member. If a vacancy exists for 90 days, the Governor shall fill the vacancy.
136148
137149 SEC. 6. Section 24865 of the Public Utilities Code is amended to read:
138150
139151 ### SEC. 6.
140152
141153 24865. Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a member. If a vacancy exists for 90 days, the Governor shall fill the vacancy.
142154
143155 24865. Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a member. If a vacancy exists for 90 days, the Governor shall fill the vacancy.
144156
145157 24865. Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a member. If a vacancy exists for 90 days, the Governor shall fill the vacancy.
146158
147159
148160
149161 24865. Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a member. If a vacancy exists for 90 days, the Governor shall fill the vacancy.
150162
151163 SEC. 7. Section 24931 of the Public Utilities Code is amended to read:24931. The board may appoint a secretary and a general counsel who shall hold office during the pleasure of the board.
152164
153165 SEC. 7. Section 24931 of the Public Utilities Code is amended to read:
154166
155167 ### SEC. 7.
156168
157169 24931. The board may appoint a secretary and a general counsel who shall hold office during the pleasure of the board.
158170
159171 24931. The board may appoint a secretary and a general counsel who shall hold office during the pleasure of the board.
160172
161173 24931. The board may appoint a secretary and a general counsel who shall hold office during the pleasure of the board.
162174
163175
164176
165177 24931. The board may appoint a secretary and a general counsel who shall hold office during the pleasure of the board.
166178
167179 SEC. 8. Section 24932 of the Public Utilities Code is amended to read:24932. The general counsel shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of law for not less than five years next preceding appointment pursuant to Section 24931.
168180
169181 SEC. 8. Section 24932 of the Public Utilities Code is amended to read:
170182
171183 ### SEC. 8.
172184
173185 24932. The general counsel shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of law for not less than five years next preceding appointment pursuant to Section 24931.
174186
175187 24932. The general counsel shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of law for not less than five years next preceding appointment pursuant to Section 24931.
176188
177189 24932. The general counsel shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of law for not less than five years next preceding appointment pursuant to Section 24931.
178190
179191
180192
181193 24932. The general counsel shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of law for not less than five years next preceding appointment pursuant to Section 24931.
182194
183195 SEC. 9. Section 24933 of the Public Utilities Code is repealed.
184196
185197 SEC. 9. Section 24933 of the Public Utilities Code is repealed.
186198
187199 ### SEC. 9.
188200
189201
190202
191203 SEC. 10. Section 24935 of the Public Utilities Code is repealed.
192204
193205 SEC. 10. Section 24935 of the Public Utilities Code is repealed.
194206
195207 ### SEC. 10.
196208
197209
198210
199211 SEC. 11. Section 24935 is added to the Public Utilities Code, to read:24935. Each appointive officer shall devote their entire time to the district, meaning that the officer shall not engage in any other business or employment without prior approval from the board.
200212
201213 SEC. 11. Section 24935 is added to the Public Utilities Code, to read:
202214
203215 ### SEC. 11.
204216
205217 24935. Each appointive officer shall devote their entire time to the district, meaning that the officer shall not engage in any other business or employment without prior approval from the board.
206218
207219 24935. Each appointive officer shall devote their entire time to the district, meaning that the officer shall not engage in any other business or employment without prior approval from the board.
208220
209221 24935. Each appointive officer shall devote their entire time to the district, meaning that the officer shall not engage in any other business or employment without prior approval from the board.
210222
211223
212224
213225 24935. Each appointive officer shall devote their entire time to the district, meaning that the officer shall not engage in any other business or employment without prior approval from the board.
214226
215227 SEC. 12. Section 24937 of the Public Utilities Code is amended to read:24937. The general manager shall within 180 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this division for the publication of ordinances and notices generally.
216228
217229 SEC. 12. Section 24937 of the Public Utilities Code is amended to read:
218230
219231 ### SEC. 12.
220232
221233 24937. The general manager shall within 180 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this division for the publication of ordinances and notices generally.
222234
223235 24937. The general manager shall within 180 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this division for the publication of ordinances and notices generally.
224236
225237 24937. The general manager shall within 180 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this division for the publication of ordinances and notices generally.
226238
227239
228240
229241 24937. The general manager shall within 180 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this division for the publication of ordinances and notices generally.
230242
231243 SEC. 13. Section 24938 of the Public Utilities Code is amended to read:24938. The general counsel shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. The general counsel shall give their advice or opinion in writing whenever required by the board. The general counsel shall be the legal adviser of the general manager and other district officers and shall prepare or approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. The general counsel shall perform other and additional services that the board may require.
232244
233245 SEC. 13. Section 24938 of the Public Utilities Code is amended to read:
234246
235247 ### SEC. 13.
236248
237249 24938. The general counsel shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. The general counsel shall give their advice or opinion in writing whenever required by the board. The general counsel shall be the legal adviser of the general manager and other district officers and shall prepare or approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. The general counsel shall perform other and additional services that the board may require.
238250
239251 24938. The general counsel shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. The general counsel shall give their advice or opinion in writing whenever required by the board. The general counsel shall be the legal adviser of the general manager and other district officers and shall prepare or approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. The general counsel shall perform other and additional services that the board may require.
240252
241253 24938. The general counsel shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. The general counsel shall give their advice or opinion in writing whenever required by the board. The general counsel shall be the legal adviser of the general manager and other district officers and shall prepare or approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. The general counsel shall perform other and additional services that the board may require.
242254
243255
244256
245257 24938. The general counsel shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. The general counsel shall give their advice or opinion in writing whenever required by the board. The general counsel shall be the legal adviser of the general manager and other district officers and shall prepare or approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. The general counsel shall perform other and additional services that the board may require.
246258
247259 SEC. 14. Section 25331 of the Public Utilities Code is amended to read:25331. (a) The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts of the benefits.(b) If a former employee is elected as a board member, the retirement system shall not apply to their service on the board.
248260
249261 SEC. 14. Section 25331 of the Public Utilities Code is amended to read:
250262
251263 ### SEC. 14.
252264
253265 25331. (a) The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts of the benefits.(b) If a former employee is elected as a board member, the retirement system shall not apply to their service on the board.
254266
255267 25331. (a) The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts of the benefits.(b) If a former employee is elected as a board member, the retirement system shall not apply to their service on the board.
256268
257269 25331. (a) The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts of the benefits.(b) If a former employee is elected as a board member, the retirement system shall not apply to their service on the board.
258270
259271
260272
261273 25331. (a) The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts of the benefits.
262274
263275 (b) If a former employee is elected as a board member, the retirement system shall not apply to their service on the board.
264276
265277 SEC. 15. Section 25333 of the Public Utilities Code is amended to read:25333. The board may require the district to contribute the entire cost of the retirement system or may require an officer or employee of the district, upon becoming a member of the retirement system, to contribute a portion of the cost, as permitted or required by law. The amount of the officer or employee contribution shall be determined by the board, as permitted or required by law.
266278
267279 SEC. 15. Section 25333 of the Public Utilities Code is amended to read:
268280
269281 ### SEC. 15.
270282
271283 25333. The board may require the district to contribute the entire cost of the retirement system or may require an officer or employee of the district, upon becoming a member of the retirement system, to contribute a portion of the cost, as permitted or required by law. The amount of the officer or employee contribution shall be determined by the board, as permitted or required by law.
272284
273285 25333. The board may require the district to contribute the entire cost of the retirement system or may require an officer or employee of the district, upon becoming a member of the retirement system, to contribute a portion of the cost, as permitted or required by law. The amount of the officer or employee contribution shall be determined by the board, as permitted or required by law.
274286
275287 25333. The board may require the district to contribute the entire cost of the retirement system or may require an officer or employee of the district, upon becoming a member of the retirement system, to contribute a portion of the cost, as permitted or required by law. The amount of the officer or employee contribution shall be determined by the board, as permitted or required by law.
276288
277289
278290
279291 25333. The board may require the district to contribute the entire cost of the retirement system or may require an officer or employee of the district, upon becoming a member of the retirement system, to contribute a portion of the cost, as permitted or required by law. The amount of the officer or employee contribution shall be determined by the board, as permitted or required by law.
280292
281293 SEC. 16. Section 25813 of the Public Utilities Code is amended to read:25813. The general counsel for the district shall be present at the hearing and shall advise the board on matters of law, and shall render other assistance that may be requested by the board.
282294
283295 SEC. 16. Section 25813 of the Public Utilities Code is amended to read:
284296
285297 ### SEC. 16.
286298
287299 25813. The general counsel for the district shall be present at the hearing and shall advise the board on matters of law, and shall render other assistance that may be requested by the board.
288300
289301 25813. The general counsel for the district shall be present at the hearing and shall advise the board on matters of law, and shall render other assistance that may be requested by the board.
290302
291303 25813. The general counsel for the district shall be present at the hearing and shall advise the board on matters of law, and shall render other assistance that may be requested by the board.
292304
293305
294306
295307 25813. The general counsel for the district shall be present at the hearing and shall advise the board on matters of law, and shall render other assistance that may be requested by the board.
296308
297309 SEC. 17. Section 26210.5 of the Public Utilities Code is amended to read:26210.5. The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable to any bond election held pursuant to this article. Wherever the words county clerk or county elections official appear in the Elections Code, the words secretary of the board shall be substituted, for the purposes of this article, and wherever the words board of supervisors appear in the Elections Code, the words board of directors shall be substituted, and wherever the words district attorney or county counsel appear in the Elections Code, the words general counsel for the district shall be substituted.
298310
299311 SEC. 17. Section 26210.5 of the Public Utilities Code is amended to read:
300312
301313 ### SEC. 17.
302314
303315 26210.5. The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable to any bond election held pursuant to this article. Wherever the words county clerk or county elections official appear in the Elections Code, the words secretary of the board shall be substituted, for the purposes of this article, and wherever the words board of supervisors appear in the Elections Code, the words board of directors shall be substituted, and wherever the words district attorney or county counsel appear in the Elections Code, the words general counsel for the district shall be substituted.
304316
305317 26210.5. The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable to any bond election held pursuant to this article. Wherever the words county clerk or county elections official appear in the Elections Code, the words secretary of the board shall be substituted, for the purposes of this article, and wherever the words board of supervisors appear in the Elections Code, the words board of directors shall be substituted, and wherever the words district attorney or county counsel appear in the Elections Code, the words general counsel for the district shall be substituted.
306318
307319 26210.5. The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable to any bond election held pursuant to this article. Wherever the words county clerk or county elections official appear in the Elections Code, the words secretary of the board shall be substituted, for the purposes of this article, and wherever the words board of supervisors appear in the Elections Code, the words board of directors shall be substituted, and wherever the words district attorney or county counsel appear in the Elections Code, the words general counsel for the district shall be substituted.
308320
309321
310322
311323 26210.5. The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable to any bond election held pursuant to this article. Wherever the words county clerk or county elections official appear in the Elections Code, the words secretary of the board shall be substituted, for the purposes of this article, and wherever the words board of supervisors appear in the Elections Code, the words board of directors shall be substituted, and wherever the words district attorney or county counsel appear in the Elections Code, the words general counsel for the district shall be substituted.
312324
313325 SEC. 18. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the provision of public transit in the Counties of Alameda and Contra Costa.
314326
315327 SEC. 18. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the provision of public transit in the Counties of Alameda and Contra Costa.
316328
317329 SEC. 18. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding the provision of public transit in the Counties of Alameda and Contra Costa.
318330
319331 ### SEC. 18.
320332
321333 SEC. 19. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
322334
323335 SEC. 19. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
324336
325337 SEC. 19. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
326338
327339 ### SEC. 19.