Article 5 - Transit Facilities and Service

California Public Utilities Code — §§ 100160-100169

Sections (14)

Amended by Stats. 2016, Ch. 381, Sec. 52. (AB 2196) Effective January 1, 2017.

The VTA may provide transit service for the transportation of passengers and their incidental baggage by any means.

Amended by Stats. 2016, Ch. 381, Sec. 53. (AB 2196) Effective January 1, 2017.

The VTA may provide facilities, including streets and highways, for the movement of vehicles, bicycles, and pedestrians. All installations in state highways shall be developed and implemented with the concurrence and under the oversight of the Department of Transportation. The installation shall conform to requirements and regulations established by the Department of Transportation.

Amended by Stats. 2016, Ch. 381, Sec. 54. (AB 2196) Effective January 1, 2017.

The VTA may enter into agreements with any city within the boundaries of the VTA or with the County of Santa Clara to improve a street, road, highway, or expressway under the jurisdiction of the city or county. This section does not apply to highways under the jurisdiction of the state, unless specifically permitted elsewhere in statute.

Amended by Stats. 2016, Ch. 381, Sec. 55. (AB 2196) Effective January 1, 2017.

The VTA may operate charter bus service subject to the following limitations:

(a)No bus equipment that is designed solely for charter service shall be purchased. A bus equipped with a toilet or underfloor baggage compartment shall be deemed charter equipment.
(b)The board shall hold a public hearing prior to adopting a charter rate schedule or any amendment thereof. Notice of the hearing shall be mailed to each charter-party carrier operating within the district at least 30 days prior to the hearing. The notice shall include the proposed charter rate schedule. At the close of the public hearing the board may adopt charter rate schedules

that shall not be less than the average for the three largest private charter-party carriers operating similar service within the boundaries of the VTA.

(c)Charter service shall originate and terminate within the area served by the VTA unless a private charter-party carrier requests the VTA to provide service beyond the area served by the VTA.

Added by Stats. 2025, Ch. 109, Sec. 6. (SB 153) Effective September 17, 2025. Repealed as of January 1, 2027, by its own provisions.

(a)Notwithstanding Section 100160.5 or any other law, a district may provide charter bus service for the 2026 FIFA World Cup during the period from June 1, 2026, to July 31, 2026, inclusive, if all of the following conditions are met:
(1)Bus equipment that is designed solely for charter service is not purchased. A bus equipped with a toilet or underfloor baggage compartment shall be deemed charter equipment.
(2)Charter service originates and terminates within the area served by the district unless a private charter-party carrier requests the district to provide service beyond the area served by the district.
(3)The district establishes a schedule of rates for charter bus services that are incidental to the holding of the 2026 FIFA World Cup in the area authorized to be served pursuant to paragraph (2) subject to the following requirements:
(A)The rates for charter-party bus services established under this subdivision are sufficient to pay all marginal costs related to those charter bus services and contribute financially to the reduction of deficits incurred by the district in the operation of scheduled route services.
(B)The rates are at least equal to the average of the lowest rates charged by the three largest private charter-party carriers operating similar service in the greater San Francisco Bay area.
(C)The schedule of rates are effective from June 1, 2026, to July 31, 2026, inclusive.
(4)The district provides charter bus service for the events to the extent that private charter-party carriers are not capable of providing that service.
(b)This section does not override any collective bargaining agreement between the district and a labor organization that represents employees of the district and does not authorize the district to provide charter bus service via contracting with private entities. Any charter bus service provided pursuant to this section shall be operated by the district with employees of the district.
(c)For purposes of this section, the following definitions apply:
(1)“District” means the VTA and any other public transportation operator providing public transit services in any portion of the greater San Francisco Bay

area.

(2)“Greater San Francisco Bay area” means the region comprised of the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma.
(3)“Not capable of providing that service” includes, but is not limited to, the inability to meet requirements, including, but not limited to, requirements with regard to unique equipment, fuel type, number of doors, frequency, public safety, accommodations for standing passengers, handicap accessibility, or the nature of the service.
(d)This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Amended by Stats. 2016, Ch. 381, Sec. 56. (AB 2196) Effective January 1, 2017.

(a)The VTA may acquire, construct, own, operate, control, or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals, and any and all facilities necessary or convenient for transit service within or partly without the boundaries of the VTA, underground, upon, or above the ground and under, upon, or over public streets or other public ways or waterways, together with all physical structures, including parking lots and day care centers and related child care facilities, that are necessary or convenient for the access of persons or vehicles thereto. The VTA may acquire any interest in or rights to use or the joint use of any or all of those facilities.
(b)The VTA may acquire, construct, and

provide for repair and maintenance of any and all facilities necessary or convenient for vehicular and pedestrian transportation, within or partly without the boundaries of the VTA, underground, upon, or above the ground, together with all physical structures, including parking lots and soundwalls, that are necessary or convenient therefor. In this connection, the VTA may exercise any power with respect to highways granted to counties under Article 1 (commencing with Section 760) of Chapter 4 of Division 1 of the Streets and Highways Code in connection with any project included in the countywide transportation plan and an adopted regional transportation plan, but shall not usurp or impinge upon the powers and responsibilities granted to the county with regard to county highways. Highway and other transportation expenditures shall be consistent with adopted regional transportation plans and programs.

(c)VTA installations in freeways shall be

subject to the approval of the Department of Transportation. Installations in other state highways shall be subject to Article 2 (commencing with Section 670) of Chapter 3 of Division 1 of the Streets and Highways Code. Installations in county highways and city streets shall be subject to similar encroachment permits.

(d)The VTA shall not use any state transportation funds, including, but not limited to, moneys in the State Highway Account, or the Transportation Planning and Development Account, in the State Transportation Fund, and passenger rail and clean air bond act money to acquire, construct, or operate day care centers and related child care facilities.

Amended by Stats. 2016, Ch. 381, Sec. 57. (AB 2196) Effective January 1, 2017.

The VTA may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by an operator upon terms and conditions as it deems in the public interest. The word “operator” as used in this section means any public agency or any person.

Amended by Stats. 2016, Ch. 381, Sec. 58. (AB 2196) Effective January 1, 2017.

The board may contract with any public agency or person to provide transit or transportation facilities and services for the VTA.

Amended by Stats. 2016, Ch. 381, Sec. 59. (AB 2196) Effective January 1, 2017.

(a)The VTA may construct and operate or acquire and operate transit works and facilities and may construct, acquire, and provide for repair and maintenance of transportation facilities, in, under, upon, over, across, or along any state or public highway or any stream, bay, or watercourse, or over any of the lands that are the property of the state, to the same extent that the rights and privileges appertaining thereto are granted to municipalities within the state.
(b)(1) Notwithstanding subdivision (a), and subject to the approval of the Department of Transportation, the VTA may provide funding for the repair and maintenance of state highways within the boundaries of the VTA.
(2)The VTA shall not directly, or indirectly, except by providing funding pursuant to paragraph (1), repair or maintain any state highway.

Amended by Stats. 2016, Ch. 381, Sec. 60. (AB 2196) Effective January 1, 2017.

The VTA may enter into agreements for the joint use of any property and rights by the VTA and any public agency or public utility operating transit facilities; may enter into agreements with any public agency or public utility operating any transit facilities, and wholly or partially within or without the boundaries of the VTA, for the joint use of any property of the VTA or of the public agency or public utility, or the establishment of through routes, joint fares, transfer of passengers, or pooling arrangements.

Added by Stats. 1969, Ch. 180.

The rates and charges, if any, for transit service furnished pursuant to this part shall be fixed by the board and shall be reasonable.

Amended by Stats. 2016, Ch. 381, Sec. 61. (AB 2196) Effective January 1, 2017.

The VTA shall be subject to the provisions of Division 14.8 (commencing with Section 34500) of the Vehicle Code with respect to operation of buses and to the rules and regulations enforceable by the State of California Highway Patrol pursuant to that chapter regulating the safe operation of buses.

Amended by Stats. 2016, Ch. 381, Sec. 62. (AB 2196) Effective January 1, 2017.

The VTA shall be subject to the regulations of the Public Utilities Commission relating to safety appliances and procedures, and the commission shall inspect all work done pursuant to this part and may make further additions or changes necessary for the purpose of safety to employees and the general public. The commission shall enforce the provisions of this section.

Amended by Stats. 2016, Ch. 381, Sec. 63. (AB 2196) Effective January 1, 2017.

The VTA and any one or more school districts located within its boundaries may enter into agreements pursuant to which school transportation equipment may be used for transit purposes within the VTA’s boundaries during any time that the equipment is not actually required for school purposes.