Article 4 - Rail Transit Facilities and Service

California Public Utilities Code — §§ 105095-105104

Sections (10)

Amended by Stats. 2018, Ch. 934, Sec. 15. (SB 1029) Effective January 1, 2019.

The district may provide a rail transit system for the transportation of passengers and their incidental baggage by rail and provision of freight service by rail.

Amended by Stats. 2024, Ch. 866, Sec. 4. (SB 904) Effective January 1, 2025.

(a)The district may acquire, construct, own, operate, control, or use rights-of-way, rail lines, stations, platforms, switches, yards, terminals, parking lots, and any and all other facilities necessary or convenient for rail transit within and without the district, together with all physical structures necessary or convenient for the access of persons and vehicles thereto, including ancillary bicycle and pedestrian pathways, and may acquire or contract for any interest in or rights to the use or joint use of any or all of the foregoing.
(b)The district may contract with any public agency or person for the operation of shuttle services necessary or convenient for rail

transit.

(c)In the County of Marin, north of the City of San Rafael, the district shall locate commuter stations only within areas that are incorporated as of January 1, 2003.

Added by Stats. 2002, Ch. 341, Sec. 4. Effective January 1, 2003.

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

Added by Stats. 2002, Ch. 341, Sec. 4. Effective January 1, 2003.

Except as otherwise provided in Section 105143, the board may contract with any public agency or person to provide rail transit facilities and services for the district.

Added by Stats. 2002, Ch. 341, Sec. 4. Effective January 1, 2003.

The district may construct and operate or acquire and operate rail transit works and 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 these rights and privileges are granted to municipalities within the state.

Added by Stats. 2002, Ch. 341, Sec. 4. Effective January 1, 2003.

Except as otherwise provided in Section 105087, the provisions of Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code shall not be applicable to the district.

Added by Stats. 2002, Ch. 341, Sec. 4. Effective January 1, 2003.

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

Added by Stats. 2002, Ch. 341, Sec. 4. Effective January 1, 2003.

The district may, without limitation by any other provisions of this part requiring approval of indebtedness, accept contributions of money, grants, loans, rights-of-way, labor, materials, and any other property from the state or the United States, or any department, instrumentality, or agency thereof, or from any public agency for the acquisition, construction, maintenance, and operation of rail transit facilities. The district may, without limitation by any other provisions of this part, enter into any contract and cooperate with and accept cooperation from

the state or the United States, or any department, instrumentality, or agency thereof, or any public agency in the acquisition, construction, maintenance, and operation of, and in financing the acquisition, construction, maintenance, and operation of, any rail transit facilities. The district may do any and all things necessary in order to obtain the aid, assistance, and cooperation under any federal or state legislation now or hereafter enacted. Any evidence of indebtedness issued under this section shall constitute a negotiable instrument.

Added by Stats. 2002, Ch. 341, Sec. 4. Effective January 1, 2003.

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

Amended by Stats. 2024, Ch. 866, Sec. 5. (SB 904) Effective January 1, 2025.

The district shall work with the Federal Railroad Administration and any of its successor agencies to achieve safe, efficient, and compatible operations of both passenger rail and freight service along the rail line in the Counties of Sonoma and Marin.