CHAPTER 3. Miscellaneous [99150. - 99178.]

Cal. Public Utilities Code - PUC 3.

in effect

Cal. Public Utilities Code - PUC § 99150. Section 99150.

In locating its bus stops, park and ride service facilities, and special service terminal points and stations, a transit district shall consult with, and consider the recommendations of, the city if such transit facilities are to be located therein, or the county if such transit facilities are to be located in the unincorporated area thereof, on the proposed locations. The city or county, as the case may be, in making its recommendations to the transit district on the proposed location of any such transit facilities, shall consider whether the proposed location is consistent with the circulation element of its general plan.

Cal. Public Utilities Code - PUC § 99151. Section 99151.

Any transit district whose area is served by the Southern Pacific Transportation Company line from the City of San Jose to the City and County of San Francisco may make a bulk purchase of passenger tickets for that line from the company, or from the Greyhound Bus Lines for transportation services within the area, or from both, for resale at less than the cost to the transit district to residents of the transit district. The governing body of the transit district shall determine the resale price of tickets purchased by it.

Cal. Public Utilities Code - PUC § 99152. Section 99152.

Any public transit guideway planned, acquired, or constructed, on or after January 1, 1979, is subject to regulations of the Public Utilities Commission relating to safety appliances and procedures. The commission shall inspect all work done on those guideways and may make further additions or changes necessary for the purpose of safety to employees and the general public. The commission shall develop an oversight program employing safety planning criteria, guidelines, safety standards, and safety procedures to be met by operators in the design, construction, and operation of those guideways. Existing industry standards shall be used where applicable. The commission shall enforce the provisions of this section.

Cal. Public Utilities Code - PUC § 99153. Section 99153.

Any transit district or operator may adopt uniform standards to rate bidders, on the basis of questionnaires and required statements, with respect to contracts for railroad rolling stock upon which each bidder is qualified to bid. Notwithstanding any other provision of law, the district or operator may limit bidding and award of contracts for railroad rolling stock to the bidders the district or operator has determined are qualified to bid. However, the district or operator shall qualify at least two persons or entities for bidding on the contracts.

Cal. Public Utilities Code - PUC § 99153.5. Section 99153.5.

(a) For purposes of this section, the following definitions apply: (1) “Continued use” means the continued operation of the diesel engine from the diesel-powered on-track equipment as an internal combustion engine to provide power for on-track equipment or any other purpose. (2) “Decommission” means to permanently cease the service of on-track equipment when the public entity owning that on-track equipment replaces it with lower emission on-track equipment. (3) “Diesel-powered on-track equipment” means any locomotive or any other car, rolling stock, equipment, or other device that is operated on stationary rails and has a diesel engine. (b) Except as provided in subdivision (c), a public entity that owns diesel-powered on-track equipment shall not sell, donate, or otherwise transfer ownership of that diesel-powered on-track equipment for continued use after the public entity decommissions the diesel-powered on-track equipment. (c) A public entity may engage in a transaction otherwise prohibited by subdivision (b) if both of the following criteria are satisfied: (1) The diesel-powered on-track equipment meets any of the following conditions: (A) The equipment is deemed to be in Tier 2, Tier 3, or Tier 4, as designated by the United States Environmental Protection Agency. (B) The equipment produces emissions equivalent to any equipment within any of the tiers described in subparagraph (A). (C) The diesel engine is removed from the equipment. (2) The public entity authorizes the transaction in a public hearing.

Cal. Public Utilities Code - PUC § 99154. Section 99154.

Any transit district or operator may require from prospective bidders for any contract answers to questions contained in a standard questionnaire and financial statement, including a complete statement of the prospective bidder’s financial ability and experience in performing public contracts. When completed, the questionnaire and financial statement shall be verified under oath by the bidder in the manner in which pleadings are verified in civil actions. The questionnaires and financial statements are not public records and shall not be open to public inspection.

Cal. Public Utilities Code - PUC § 99155. Section 99155.

(a) Each transit operator, whether publicly or privately funded all or in part, nonprofit or for profit, which offers reduced fares to senior citizens shall honor the federal Medicare identification card as sufficient identification to receive reduced fares. A transit operator which offers reduced fares to those senior citizens who are less than 65 years old shall also honor the senior citizen identification card issued pursuant to subdivision (b) of Section 13000 of the Vehicle Code. (b) Each transit operator, whether publicly or privately funded, in whole or in part, nonprofit or for profit, which offers reduced fares pursuant to subdivision (a) shall also offer reduced fares to disabled persons, as defined by Section 99206.5, disabled persons, as defined by Section 295.5 of the Vehicle Code, and disabled veterans, as defined by Section 295.7 of the Vehicle Code, at the same rate established for senior citizens. A transit operator shall honor the disabled person or disabled veteran placard identification card issued pursuant to Section 22511.55 of the Vehicle Code. (c) Every transit operator that offers reduced fares to disabled persons shall honor any current identification card that is valid for the type of transportation service or discount requested and that has been issued to an individual with a disability by another transit operator. (d) This section also applies to any dial-a-ride, paratransit, or nonfixed route operator which serves the disabled, but does not apply to a private nonprofit entity which serves the disabled or elderly. (e) Nothing in this section prohibits a transit operator from issuing its own identification card, except that no such card shall be required to be presented in addition to either a federal Medicare card or a card issued pursuant to Section 22511.55 of the Vehicle Code. (f) A transit operator, as defined in subdivision (b), which receives funds pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)), shall not require that a person requesting transportation be a resident of that transit operator’s service area.

Cal. Public Utilities Code - PUC § 99155.1. Section 99155.1.

(a) There shall be close coordination between local transit providers and county welfare departments in order to ensure that transportation moneys available for purposes of assisting recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code are expended efficiently for the benefit of that population. (1) In areas where public transit service is available, local transit providers shall give priority, in the use of funds allocated under the CalWORKs program and made available by the county, to the enhancement of public transportation services for welfare-to-work purposes. (2) In areas where public transit services are unavailable, local transit providers shall give priority, in the use of funds allocated under the CalWORKs program and made available by the county, to the enhancement of transportation alternatives, such as, but not limited to, subsidies or vouchers, van pools, and contract paratransit operations, in order to promote welfare-to-work purposes. (b) In areas where public transit service is available, local transit providers shall consider giving priority in the use of transit funds to the enhancement of public transportation services for welfare-to-work purposes.

Cal. Public Utilities Code - PUC § 99155.2. Section 99155.2.

(a) (1) Notwithstanding subdivision (b) of Section 99155, if the Sacramento Regional Transit District offers reduced fares to senior citizens, it shall not be required to also offer reduced fares to disabled persons or disabled veterans at the same rate established for senior citizens. (2) A reduced fare offered to senior citizens that is not also offered to disabled persons and disabled veterans pursuant to this subdivision shall not be valid beyond the date specified in subdivision (e). (3) If the Sacramento Regional Transit District reduces fares for senior citizens below the rate for disabled persons or disabled veterans, the district shall not increase fares for disabled persons or disabled veterans. (b) If the Sacramento Regional Transit District reduces fares for senior citizens below the rate for disabled persons or disabled veterans, the district shall submit a report to the Legislature that includes all of the following information: (1) The number of people per month who purchase a fare or monthly pass, at a reduced fare that is offered to senior citizens, disabled persons, or disabled veterans, for the year before the implementation of the new rate. (2) The farebox revenue recovered from the fares and monthly passes described in paragraph (1). (3) The rate change for fares offered to senior citizens, disabled persons, and disabled veterans. (4) The number of people affected by the rate change each month. (5) The cost of a reduced fare for senior citizens, disabled persons, or disabled veterans, before and after the implementation of the reduced fare rate for senior citizens. (6) A description of any service changes made on or after January 1, 2025. (7) The amount of farebox revenue collected after January 1, 2025. (c) For purposes of this section, the following definitions apply: (1) “Disabled person” shall have the same meaning as provided in Section 99206.5 and in Section 295.5 of the Vehicle Code. (2) “Disabled veteran” shall have the same meaning as provided in Section 295.7 of the Vehicle Code. (3) “Service changes” include, but are not limited to, any of the following: (A) A change made to routes, including the addition or removal of service on a route. (B) A change to the frequency of service on a route. (C) A delay in a project that is intended to improve customer service, including implementation of real-time General Transit Feed Specification. (D) A change, unrelated to retirements, in staffing levels, including security. (d) The report to be submitted pursuant to subdivision (b) shall be submitted on or before January 1, 2026, and shall be submitted in compliance with Section 9795 of the Government Code. (e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Cal. Public Utilities Code - PUC § 99155.3. Section 99155.3.

(a) For purposes of this section, the following definitions apply: (1) “Eligible persons” means persons who receive, or who are eligible to receive, paratransit services based on a disability and whose disability cannot reasonably be expected to improve over time, as determined by the person’s qualified licensed medical professional, and whose ability to access the fixed route system cannot reasonably be expected to improve over time, as determined by the transit operator. (2) “Recertification process” means the process by which a transit operator may require persons who have previously been determined eligible for the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) complementary paratransit service to have their eligibility reviewed again. (3) “Transit operator” means a transit district, municipal operator, county transportation commission, transportation authority, joint powers authority, or other public transit operator that provides, or contracts for the provision of, paratransit service for individuals with disabilities and that receives public funding pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)). (b) (1) On or before January 1, 2027, a transit operator shall establish a streamlined recertification process for eligible persons. (2) The streamlined recertification process established by a transit operator pursuant to paragraph (1) shall use a telephone interview, mail-in form, teleconference, or online survey and collect for the purposes of verification only the following information: (A) Physical address. (B) Mailing address, if different from physical address. (C) Emergency contact. (D) Telephone number. (E) Updated mobility devices. (F) Status of disability, with identification of any worsening of the person’s disability, any additional disability, any changes to the person’s functional abilities, and any changes to the person’s use of an assistive device. (G) First and last name. (H) Date of birth. (3) A transit operator may also request, as part of the streamlined recertification process, an updated photo of the eligible person if the transit operator requires a photo for its initial eligibility determination. (4) (A) A transit operator shall require eligible persons to complete the streamlined recertification process established pursuant to this subdivision once every five years. (B) An eligible person may request recertification at any time and shall complete the recertification every five years thereafter. (c) On and after June 1, 2027, a transit operator shall only use the streamlined recertification process described in subdivision (b) for eligible persons unless one of the following conditions applies: (1) There is a review to broaden the person’s eligibility for paratransit services based on either the person’s disability worsening or the person having an additional disability. (2) The person is temporarily eligible for paratransit services. (3) The transit operator has implemented service changes or improvements that may impact the person’s eligibility for paratransit services. (4) The eligible person has moved to a new physical address and the change of physical address is reasonably expected to modify their eligibility for paratransit services. (d) This section does not prohibit a transit operator from establishing and using a different recertification process for persons who do not meet the definition of paragraph (1) of subdivision (a). (e) This section shall not prevent a transit operator from contracting the eligibility recertification process for paratransit services, so long as the final decision regarding an eligible person’s eligibility to be recertified for paratransit services is made by the transit operator.

Cal. Public Utilities Code - PUC § 99155.5. Section 99155.5.

(a) The Legislature intends that dial-a-ride and paratransit services be accessible to disabled persons, as defined in Section 99206.5. It is intended that transportation service be provided for employment, education, medical, and personal reasons. Transportation for individuals with disabilities is a necessity, and allows these persons to fully participate in our society. The Legislature finds and declares that the term “paratransit,” as used in the federal Americans with Disabilities Act of 1990 (Public Law 101-336), refers to transportation services with specific criteria of quality and quantity, and which are required to be made available to limited classes of persons based on eligibility categories; this is often referred to as “ADA paratransit” or “complementary paratransit.” The Legislature finds and declares that the terms “paratransit” and “dial-a-ride,” as used in the laws of this state, apply to a broader range of transportation services and that not all individuals with disabilities under the laws of this state are eligible for “ADA paratransit” under the federal law. (b) Each transit operator, for profit or nonprofit, which provides, or contracts for the provision of, dial-a-ride or paratransit service for individuals with disabilities and which receives public funding pursuant to the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)) for that service shall provide the service without regard to either of the following: (1) Whether the person is a member of a household which owns a motor vehicle. (2) Whether the place of residence of the person who requests transportation service is within the service area of the provider. To the extent that they are eligible for the specified service requested, all persons requesting transportation service in the service area of the provider shall be provided service on the same terms and at the same price that service is provided to other persons residing within the service area of the provider. (c) Subdivision (b) does not preclude a provider from offering a subscription service, and does not require a reduction in the amount the provider charges other public or private agencies. (d) Except as required by the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted pursuant thereto or by higher standards prescribed by the laws of this state, nothing in this section requires any transit operator which provides service to individuals with disabilities in a manner consistent with subdivision (b) to make those services available outside the operator’s established operating service area, or requires the operator to make the presentation of identification a condition to using the service. (e) A transit operator shall honor any current identification card which is valid for the type of transportation service or discount requested and which has been issued to an individual with disabilities by another transit operator. (f) Any person who believes an operator has violated Section 99155 or 99155.5 may file a report of the alleged violation with the transportation planning agency or county transportation commission. Any individual with disabilities may request the Attorney General to resolve any dispute as to compliance with Section 99155 or this section.

Cal. Public Utilities Code - PUC § 99155.6. Section 99155.6.

(a) The Transportation Agency, in consultation with public transit operators, shall conduct an assessment of the procedures public transit operators use to provide dial-a-ride and paratransit services to individuals with disabilities who are visiting their service territories and are certified to use another in-state public transit operator’s similar dial-a-ride and paratransit services, to the extent available. The assessment shall include, but not be limited to, timelines and methods for qualifying individuals to submit certification documents, including by electronic submission, to transit operators. (b) On or before July 1, 2021, the Transportation Agency shall publish the assessment on its internet website. (c) After conducting and publishing the assessment, the Transportation Agency shall adopt guidelines for the development of a statewide program to enable individuals with disabilities who a public transit operator has certified to use its dial-a-ride and paratransit services to use another in-state public transit operator’s similar dial-a-ride and paratransit services, to the extent available.

Cal. Public Utilities Code - PUC § 99156. Section 99156.

Notwithstanding any other provision of law, a transit district may provide compensation to a member of the governing board of the district only for attendance at a meeting of the board or for each day the member is engaged in other district business within or without the district. A member who engages in district business other than attendance at board meetings shall first obtain authorization of the board for reimbursement of travel expenses or other compensation before engaging in that business and shall submit a report thereof to the board for all expenditures.

Cal. Public Utilities Code - PUC § 99157. Section 99157.

Notwithstanding any other provision of law, a transit district may not provide any life, accident, or health insurance plan to any member or former member of the governing board of the district who first served as a member of the governing board after January 1, 1989, that exceeds the benefits provided to full-time active or retired district employees. The terms, conditions, or contributions applicable to any plan provided for employees shall also apply to any plan provided for those members of the governing board.

Cal. Public Utilities Code - PUC § 99158. Section 99158.

Notwithstanding any other provision of law, a transit district may not establish or contribute to a pension or retirement benefits plan or purchase an annunity for any member of its governing board who first served as a member of the governing board after January 1, 1989. This section does not apply to a deferred compensation plan described in Section 53213 of the Government Code.

Cal. Public Utilities Code - PUC § 99159. Section 99159.

(a) Any retirement system established or maintained pursuant to this division for employees of a transit district who are members of a unit appropriate for collective bargaining shall be maintained pursuant to a collective bargaining agreement and this section. (b) Notwithstanding any other provision of this division, the retirement system and the funds of the system shall be managed and administered by a retirement board composed of equal representation of labor and management. Any deadlock among the members of the board with respect to that management and administration shall be resolved in the manner specified in Section 302 of the federal Labor Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)). (c) The duties and responsibilities of the retirement board shall be executed in accordance with Section 17 of Article XVI of the California Constitution. (d) This section does not apply to any public transit district that has, pursuant to a collective bargaining agreement, provided membership for the district’s represented employees in the Public Employees’ Retirement System, a retirement system established pursuant to the County Employees Retirement Law of 1937, or a pension trust subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.) or any transit district where the membership of the governing board of the transit district is directly elected by the voters.

Cal. Public Utilities Code - PUC § 99160. Section 99160.

Any public entity which plans the development of, or which operates, a rail transit system, shall, with respect to any current or future rail transit system, (a) develop motor vehicle parking facilities to serve the system’s passengers at stations planned to be park and ride facilities, and (b) expand private enterprise participation in the development of air space and publicly owned assets to provide those parking facilities.

Cal. Public Utilities Code - PUC § 99161. Section 99161.

(a) Space at a publicly owned transportation facility may be leased by competitive bid, taking into consideration affordability and quality of care, to a child care operator who has obtained licensure as required by Section 1596.80 of the Health and Safety Code. Priority for child care services provided by the center shall be given to the children of public agency employees who work at the transportation facility and children of users of the transportation facility. (b) No state funds shall be provided to any child care operator pursuant to this section unless all of the following conditions are met: (1) The child care facility is open to children without regard to any child’s religious beliefs or any other factor related to religion. (2) No religious instruction is included in the child care program. (3) The space in which the child care program is operated is not utilized in any manner to foster religion during the time it is used for child care. (c) The Legislature finds and declares that the use of publicly owned transportation facilities for the purpose of furnishing child care services for the benefit of persons using public transit is in the public interest and serves a public purpose.

Cal. Public Utilities Code - PUC § 99162. Section 99162.

Notwithstanding any other provision of law, one or more local agencies listed in subdivision (i) of Section 99602 may undertake a study or a joint study concerning the feasibility of extending the commuter rail or intercity rail service described in subdivision (c) of Section 99622 beyond the City of Davis to the City of Dixon.

Cal. Public Utilities Code - PUC § 99163. Section 99163.

On and after January 1, 2005, whenever a transit operator improves or replaces a ticket vending machine at a public transit station to include video instructions, the transit operator shall also equip the ticket vending machine with audio instructions that will enable visually impaired persons to follow the visual prompts. State funds made available to the operator through the State Transportation Assistance Program under Section 99312 shall be available for the purposes of this section.

Cal. Public Utilities Code - PUC § 99164. Section 99164.

(a) When installing new security systems, a transit agency operated by an operator as defined in Section 99210 shall only purchase and install equipment capable of storing recorded images for at least one year, unless all of the following conditions apply: (1) The transit agency has made a diligent effort to identify a security system that is capable of storing recorded data for one year. (2) The transit agency determines that the technology to store recorded data in an economically and technologically feasible manner for one year is not available. (3) The transit agency purchases and installs the best available technology with respect to storage capacity that is both economically and technologically feasible at that time. (b) Notwithstanding any other provision of law, videotapes or recordings made by security systems operated as part of a public transit system shall be retained for one year, unless one of the following conditions applies: (1) The videotapes or recordings are evidence in any claim filed or any pending litigation, in which case the videotapes or recordings shall be preserved until the claim or the pending litigation is resolved. (2) The videotapes or recordings recorded an event that was or is the subject of an incident report, in which case the videotapes or recordings shall be preserved until the incident is resolved. (3) The transit agency utilizes a security system that was purchased or installed prior to January 1, 2004, or that meets the requirements of subdivision (a), in which case the videotapes or recordings shall be preserved for as long as the installed technology allows. (c) Installation of a security system by a transit agency pursuant to this section shall not create a duty to contemporaneously monitor the live video or other data collected by the system.

Cal. Public Utilities Code - PUC § 99165. Section 99165.

(a) For purposes of this section, “environmental and public health impacts” means those impacts that affect the health and environment of persons living, working, and attending school in the vicinity of a bus fueling station, including, but not limited to, impacts associated with nuisance odors. (b) On or before July 1, 2003, the Omnitrans Joint Powers Authority shall contract with an independent third party to prepare and submit to the Legislature and the Governor a report on the environmental and public health impacts of transit bus fueling stations located within the jurisdiction of the authority and owned or operated by the authority. In conducting the assessment, the authority shall hold at least one noticed public hearing in the vicinity of each bus fueling station for the purposes of soliciting input from persons who may be affected by those impacts. The authority shall consult with the South Coast Air Quality Management District and other appropriate federal, state, local agencies, and community groups representing residents of the affected areas, in conducting the assessment. (c) The Omnitrans Joint Powers Authority shall solely use state funds allocated to it or its member agencies pursuant to the State Transportation Assistance Program under Section 99313.3 in order to comply with this section.

Cal. Public Utilities Code - PUC § 99166. Section 99166.

(a) If an evacuation order is issued that covers all or a portion of a public transit operator’s service area, the public transit operator shall authorize passengers to board public transit vehicles with their pets in the area covered by the evacuation order, consistent with best practices developed pursuant to subdivision (b). (b) The Office of Emergency Services and the Department of Food and Agriculture, in consultation with public transit operators and county emergency management officials, shall develop best practices for allowing pets on public transit vehicles serving areas subject to an evacuation order. The best practices shall not prohibit a public transit operator from enacting policies that ensure the safety of transit riders. (c) For purposes of this section, the following definitions apply: (1) “Evacuation order” means an order from the Governor, or a county emergency management official, county sheriff, chief of police, or fire marshal, under which persons subject to the order are encouraged to relocate outside of the geographic area covered by the order due to an imminent danger resulting from an earthquake, fire, flood, riot, or other natural or manmade disaster. (2) “Pet” means a cat or a dog as those terms are defined in Section 1799.109 of the Health and Safety Code.

Cal. Public Utilities Code - PUC § 99170. Section 99170.

(a) A person shall not do any of the following with respect to the property, facilities, or vehicles of a transit district or the property, facilities, or vehicles upon which the San Francisco Bay Area Rapid Transit District owes policing responsibilities to a local government pursuant to an operations and maintenance agreement or similar interagency agreement: (1) Operate, interfere with, enter into, or climb on or in, the property, facilities, or vehicles owned or operated by the transit district, or the property, facilities, or vehicles upon which the San Francisco Bay Area Rapid Transit District owes policing responsibilities to a local government pursuant to an operations and maintenance agreement or similar interagency agreement, without the permission or approval of the transit district. (2) Interfere with the operator or operation of a transit vehicle, or impede the safe boarding or alighting of passengers. (3) Extend any portion of the body through a window opening of a transit vehicle in a manner that may cause harm or injury. (4) Throw an object from a transit vehicle. (5) Commit an act or engage in a behavior that may, with reasonable foreseeability, cause harm or injury to any person or property. (6) Violate a notice, prohibition, instruction, or direction on a sign that is intended to provide for the safety and security of transit passengers, or the safe and secure operation of the transit system. (7) Knowingly give false information to a district employee, or contracted security officer, engaged in the enforcement of a district ordinance or a state law, or otherwise obstruct the issuance of a citation for the violation of a district ordinance or a state law. (8) Violate any of the conditions established by a transit district ordinance under which a passenger may board a transit vehicle with a bicycle and where that bicycle may be stowed on the transit vehicle. (b) For purposes of this section, “transit district” means an entity that qualifies as a claimant, as defined in Section 99203, eligible to receive allocations under Chapter 4 (commencing with Section 99200). (c) A violation of this section is an infraction under Section 19.8 of the Penal Code punishable by a fine not exceeding seventy-five dollars ($75), and a violation by a person after a second conviction is punishable by a fine not exceeding two hundred fifty dollars ($250) or by community service that does not conflict with the violator’s hours of school attendance or employment for a total time not to exceed 48 hours over a period not to exceed 60 days. (d) A transit district shall provide reasonable notification to the public of the activities prohibited by this section and the penalties for violations of those prohibitions. (e) This section does not prohibit a person from engaging in activities that are protected under the laws of the United States or of this state, including, but not limited to, picketing, demonstrating, or distributing handbills. (f) Revenue from fines imposed pursuant to subdivision (c) shall not be distributed or allocated to the transit agency issuing citations under this section. Fine revenue instead shall be allocated to the other entities eligible to receive those funds under existing law.

Cal. Public Utilities Code - PUC § 99171. Section 99171.

(a) (1) A transit district may issue a prohibition order to any person to whom any of the following applies: (A) On at least three separate occasions within a period of 90 consecutive days, the person is cited for an infraction committed in or on a vehicle, bus stop, or train or light rail station of the transit district or a property, facility, or vehicle upon which the San Francisco Bay Area Rapid Transit District owes policing responsibilities to a local government pursuant to an operations and maintenance agreement or similar interagency agreement for an act that is a violation of paragraph (2) or (5) of subdivision (a) of Section 99170 of this code or paragraph (1), (2), (3), or (4) of subdivision (d) of Section 640 or Section 640.5 of the Penal Code. (B) The person is arrested or convicted for a misdemeanor or felony committed in or on a vehicle, bus stop, or light rail station of the transit district for acts involving violence, threats of violence, lewd or lascivious behavior, or possession for sale or sale of a controlled substance. (C) The person is convicted of a violation of Section 11532 of the Health and Safety Code. (2) A person subject to a prohibition order may not enter the property, facilities, or vehicles of the transit district or the property, facilities, or vehicles upon which the San Francisco Bay Area Rapid Transit District owes policing responsibilities to a local government pursuant to an operations and maintenance agreement or similar interagency agreement for a period of time deemed appropriate by the transit district, provided that the duration of a prohibition order shall not exceed the following, as applicable: (A) Thirty days if issued pursuant to subparagraph (A) of paragraph (1), provided that a second prohibition order within one year shall not exceed 90 days, and a third or subsequent prohibition order within one year shall not exceed 180 days. (B) Thirty days if issued pursuant to an arrest pursuant to subparagraph (B) of paragraph (1). Upon conviction of a misdemeanor offense, the duration of the prohibition order for the conviction, when added to the duration of the prohibition order for the initial arrest, if any, shall not exceed 180 days. Upon conviction of a felony offense, the duration of the prohibition order for the conviction, when added to the duration of the prohibition order for the initial arrest, if any, shall not exceed one year. (3) A prohibition order issued pursuant to this subdivision shall not be effective unless the transit district first affords the person an opportunity to contest the transit district’s proposed action in accordance with procedures adopted by the transit district for this purpose. A transit district’s procedures shall provide, at a minimum, for the notice and other protections set forth in subdivisions (b) and (c), and the transit district shall provide reasonable notification to the public of the availability of those procedures. (b) (1) A notice of a prohibition order issued under subdivision (a) shall set forth a description of the conduct underlying the violation or violations giving rise to the prohibition order, including reference to the applicable statutory provision, ordinance, or transit district rule violated, the date of the violation, the approximate time of the violation, the location where the violation occurred, the period of the proposed prohibition, and the scope of the prohibition. The notice shall include a clear and conspicuous statement indicating the procedure for contesting the prohibition order. The notice of prohibition order shall be personally served upon the violator. The notice of prohibition order, or a copy, shall be considered a record kept in the ordinary course of business of the transit district and shall be prima facie evidence of the facts contained in the notice establishing a rebuttable presumption affecting the burden of producing evidence. For purposes of this paragraph, “clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. (2) For purposes of this section, “personal service” means any of the following: (A) In-person delivery. (B) Delivery by any form of mail providing for delivery confirmation, postage prepaid, to at least one address provided by the person being served, including, but not limited to, the address set forth in any citation or in court records. (C) Any alternate method approved in writing by the transit district and the person being served. (3) If a person served with a notice of prohibition order is not able, or refuses, to provide a mailing address, the notice of prohibition order shall set forth the procedure for obtaining any letters, notices, or orders related to the prohibition order from the administrative offices of the transit district. For purposes of this section, delivery shall be deemed to have been made on the following date, as applicable: (A) On the date of delivery, if delivered in person. (B) On the date of confirmed delivery, for any delivery by mail. (C) For any alternate method of service, as provided in the writing specifying the alternate method. (4) Proof of service of the notice shall be filed with the transit district. (5) If a person contests a notice of prohibition order, the transit district shall proceed in accordance with subdivision (c). If the notice of prohibition order is not contested within 10 calendar days after delivery by personal service, the prohibition order shall be deemed final and shall go into effect, without further action by the transit district, for the period of time set forth in the order. (6) All prohibition orders shall be subject to an automatic stay and shall not take effect until the latest of the following: (A) Eleven calendar days after delivery of the prohibition order by personal service. (B) If an initial review is timely requested under paragraph (1) of subdivision (c), 11 calendar days after delivery by personal service of the results of the review. (C) If an administrative hearing is timely requested under paragraph (3) of subdivision (c), the date the hearing officer’s decision is delivered by personal service. (c) (1) For a period of 10 calendar days from the delivery of the prohibition order by personal service, the person may request an initial review of the prohibition order by the transit district. The request may be made by telephone, in writing, or in person. There shall be no charge for this review. In conducting its review and reaching a determination, the transit district shall determine whether the prohibition order meets the requirements of subdivision (a) and, unless the person has been convicted of the offense or offenses, whether the offense or offenses for which the person was cited or arrested are proven by a preponderance of the evidence. If, following the initial review, based on these findings, the transit district determines that the prohibition order is not adequately supported or that extenuating circumstances make dismissal of the prohibition order appropriate in the interest of justice, the transit district shall cancel the notice. If, following the initial review, based on these findings, the transit district determines that the prohibition order should be upheld in whole or in part, the transit district shall issue a written statement to that effect, including any modification to the period or scope of the prohibition order. The transit district shall serve the results of the initial review to the person contesting the notice by personal service. (2) The transit district may modify or cancel a prohibition order in the interest of justice. The transit district shall cancel a prohibition order if it determines that the person did not understand the nature and extent of their actions or did not have the ability to control their actions. If the person is dependent upon the transit system for trips of necessity, including, but not limited to, travel to or from medical or legal appointments, school or training classes, places of employment, or obtaining food, clothing, and necessary household items, the transit district shall modify a prohibition order to allow for those trips. A person requesting a cancellation or modification in the interest of justice shall have the burden of establishing the qualifying circumstances by a preponderance of the evidence. (3) If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the prohibition order no later than 10 calendar days after the results of the initial review are delivered by personal service. The request may be made by telephone, in writing, or in person. An administrative hearing shall be held within 30 calendar days after the receipt of a request for an administrative hearing. The person requesting the hearing may request one continuance, not to exceed seven calendar days. (4) The administrative hearing process shall include all of the following: (A) The person requesting the hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the transit district. (B) The administrative hearing shall be conducted in accordance with written procedures established by the transit district and approved by the governing body or chief executive officer of the transit district. The hearing shall provide an independent, objective, fair, and impartial review of the prohibition order. (C) The administrative review shall be conducted before a hearing officer designated to conduct the review by the transit district’s governing body or chief executive officer. In addition to any other requirements, a hearing officer shall demonstrate the qualifications, training, and objectivity prescribed by the transit agency’s governing body or chief executive officer as are necessary to fulfill and that are consistent with the duties and responsibilities set forth in this subdivision. The hearing officer’s continued service, performance evaluation, compensation, and benefits, as applicable, shall not be directly or indirectly linked to the number of prohibition orders upheld by the hearing officer. (D) The person who issued the notice of prohibition order shall not be required to participate in an administrative hearing, unless participation is requested by the person requesting the hearing. The request for participation shall be made at least five calendar days before the date of the hearing and may be made by telephone, in writing, or in person. The notice of prohibition order, in proper form, shall be prima facie evidence of the violation or violations pursuant to subdivision (a) establishing a rebuttable presumption affecting the burden of producing evidence. (E) In issuing a decision, the hearing officer shall determine whether the prohibition order meets the requirements of subdivision (a) and, unless the person has been convicted of the offense or offenses, whether the offense or offenses for which the person was cited or arrested are proven by a preponderance of the evidence. Based upon these findings, the hearing officer may uphold the prohibition order in whole, determine that the prohibition order is not adequately supported, or cancel or modify the prohibition order in the interest of justice. The hearing officer shall cancel a prohibition order if they determine that the person did not understand the nature and extent of their actions or did not have the ability to control their actions. If the person is dependent upon the transit system for trips of necessity, including, but not limited to, travel to or from medical or legal appointments, school or training classes, places of employment, or obtaining food, clothing, and necessary household items, the transit district shall modify a prohibition order to allow for those trips. A person requesting a cancellation or modification in the interest of justice shall have the burden of establishing the qualifying circumstances by a preponderance of the evidence. (F) The hearing officer’s decision following the administrative hearing shall be delivered by personal service. (G) A person aggrieved by the final decision of the hearing officer may seek judicial review of the decision within 90 days of the date of delivery of the decision by personal service, as provided by Section 1094.6 of the Code of Civil Procedure. (d) A person issued a prohibition order under subdivision (a) may, within 10 calendar days of the date the order goes into effect under paragraph (6) of subdivision (b), request a refund for any prepaid fare media rendered unusable in whole or in part by the prohibition order, including, but not limited to, monthly passes. If the fare media remain usable for one or more days outside the period of the prohibition order, the refund shall be prorated based on the number of days the fare media will be unusable. The issuance of a refund may be made contingent on surrender of the fare media. (e) For purposes of this section, “transit district” means the Sacramento Regional Transit District, the Los Angeles County Metropolitan Transportation Authority, the Fresno Area Express, the San Francisco Bay Area Rapid Transit District, the Santa Clara Valley Transportation Authority, or the Santa Monica Department of Transportation.

Cal. Public Utilities Code - PUC § 99172. Section 99172.

(a) Before exercising the authority given in subdivision (a) of Section 99171 to issue prohibition orders, a transit district shall do all of the following: (1) Establish an advisory committee for the purpose of evaluating the procedures for, and issuance of, prohibition orders and recommending a course of training for personnel charged with issuing and enforcing prohibition orders. (2) Ensure that personnel to be charged with issuing and enforcing prohibition orders have received training as recommended by the advisory committee. (3) Provide reasonable notification to transit district riders that persons who engage in disorderly conduct may be subject to a prohibition order barring the person from the transit district’s property, facilities, or vehicles for a period of up to one year. “Reasonable notification” may include, but is not limited to, information on the transit district’s internet website, in written materials, at transit stations, and on citations issued by the transit district of the types of conduct that may result in issuance of a prohibition order. (b) The advisory committee shall be composed of at least five members appointed by the legislative body of the transit district. At least one of the members of the advisory committee shall have experience working with individuals with psychiatric, developmental, or other disabilities, at least one member shall be a youth advocate, and at least one member shall have law enforcement experience. (c) The advisory committee shall be tasked, at a minimum, with all of the following: (1) Providing recommendations, in consultation with the county mental health director within the service area of the transit district, regarding the type and extent of training that should be undertaken by individuals with responsibility for issuing and enforcing prohibition orders, with particular emphasis on training designed to assist those individuals in identifying and interacting with persons who are homeless or who have psychiatric, developmental, or other disabilities. (2) Identifying, in consultation with the county mental health director within the service area of the transit district, services and programs to which persons who are homeless or who have psychiatric, developmental, or other disabilities may be referred by transit district enforcement personnel before or in conjunction with issuance of a prohibition order. (3) Monitoring the issuance of prohibition orders to assist the transit district in ensuring compliance with Section 51 of the Civil Code. (4) Providing the governing board of the transit district and the Legislature with an annual report summarizing the number of prohibition orders that were issued by the transit district during the preceding year, including, but not limited to, the types and numbers of citations by category, and the number of exclusion orders appealed, the appeals granted, the reasons granted, and other relevant information directly related to those orders. (d) The transit district may use an existing advisory committee to fulfill the requirements of this section, provided that the composition and purpose of the existing advisory committee meet or are modified to meet the requirements of this section. (e) For purposes of this section, “transit district” means the Sacramento Regional Transit District, the Los Angeles County Metropolitan Transportation Authority, the Fresno Area Express, the San Francisco Bay Area Rapid Transit District, the Santa Clara Valley Transportation Authority, or the Santa Monica Department of Transportation.

Cal. Public Utilities Code - PUC § 99173. Section 99173.

(a) Before the procurement of a new bus to be used in revenue operations, a public transit operator shall take into consideration recommendations of, and best practices standards developed by, the exclusive representative of the recognized organization representing bus operators of the transit operator for the following purposes: (1) To reduce the risk of assault on bus operators. (2) To prevent accidents caused by blind spots created by bus equipment or bus design. (3) To enhance the safety of passengers, bus operators, or other vehicles or pedestrians that the bus may come into contact with while in service. (b) Nothing in this section shall be construed to require a public transit operator to implement specific recommendations.

Cal. Public Utilities Code - PUC § 99175. Section 99175.

(a) A public entity that operates, or contracts for the operation of, a commuter rail system shall ensure that each train has an automated external defibrillator (AED) as part of its safety equipment subject to the requirements in Section 1797.196 of the Health and Safety Code. As used in this subdivision, “commuter rail system” does not include intercity passenger rail services, including state-funded intercity passenger rail services managed under an interagency transfer agreement by the LOSSAN Rail Corridor Agency, the San Joaquin Joint Powers Authority, or the Capitol Corridor Joint Powers Authority, and does not include light rail or rapid transit services managed by local agencies. (b) An affected public entity may provide training for their employees on the use of the AEDs as part of their regularly scheduled safety or other training sessions. (c) (1) An affected public entity shall install AEDs pursuant to this section by July 1, 2020. (2) The Peninsula Corridor Joint Powers Board shall be exempt from paragraph (1) and shall instead ensure that trainsets procured as part of the Caltrain Electrification Project are equipped with AEDs. (d) (1) Upon completion of the installation of AEDs, the public entity shall transmit confirmation of its compliance in writing to the Public Utilities Commission. (2) If an affected public entity is in compliance with the requirements of this section when it becomes effective, it shall notify the Public Utilities Commission pursuant to paragraph (1). (e) An affected public entity that acquires an AED for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if the public entity has complied with paragraph (1) of subdivision (b) of Section 1797.196 of the Health and Safety Code.

Cal. Public Utilities Code - PUC § 99176. Section 99176.

(a) For purposes of this section, the following definitions apply: (1) “Lactation room” means a room or other location open to members of the public to express breast milk in a private and secure location that meets both of the following conditions: (A) Includes, at a minimum, a chair, an electrical outlet, and a shelf, table, or other surface other than the floor upon which equipment used to express breast milk can be placed. (B) Is located outside of the confines of a public restroom. (2) “Renovation” means the reconstruction of more than 25 percent of the space in the indoor area of a multimodal transit station, exclusive of train platforms, walkways, and track areas. (3) “Multimodal transit station” means the following rail stations: (A) Anaheim Regional Transportation Intermodal Center in the City of Anaheim. (B) Bakersfield Station in the City of Bakersfield. (C) Jack London Square Station in the City of Oakland. (D) Los Angeles Union Station in the City of Los Angeles. (E) Robert J. Cabral Station in the City of Stockton. (F) Sacramento Valley Station in the City of Sacramento. (G) Salesforce Transit Center in the City of San Francisco. (H) San Jose Diridon Station in the City of San Jose. (I) Santa Fe Depot in the City of San Diego. (J) Santa Fe Passenger Depot in the City of Fresno. (K) A rail station that meets all of the following criteria: (i) The rail station supports the operation of an intercity rail service established pursuant to Article 5 (commencing with Section 14070) of Chapter 1 of Part 5 of Division 3 of Title 2 of the Government Code, or the rail station is, or is planned to be, served by California’s high-speed rail system pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century (Chapter 20 (commencing with Section 2704) of Division 3 of the Streets and Highways Code). (ii) The rail station serves as a stop or transfer point between intercity rail or high-speed rail and local or regional rail or bus service. (iii) The rail station has a publicly accessible indoor area of no less than 5,000 square feet and includes a public restroom. (iv) The rail station has staff onsite during hours of operation. (b) A multimodal transit station that begins construction or renovation on or after January 1, 2021, shall include a lactation room.

Cal. Public Utilities Code - PUC § 99177. Section 99177.

(a) For the purpose of this section, the following definitions apply: (1) “Institute” means the Mineta Transportation Institute at San Jose State University. (2) “Street harassment” means words, gestures, or actions directed at a specific person in a public place, without the consent of that person, because of a characteristic listed or defined in Section 11135 of the Government Code, that the person experiences as intimidating, alarming, terrorizing, or threatening to their safety. For the purposes of this section, street harassment because of age shall include any chronological age. (3) “Survey data” means information regarding public transit riders and their experiences using public transit, including, but not limited to, demographic information about riders and information about their experiences with safety, including, but not limited to, street harassment. (4) “Transit operator” means the 10 transit operators, as defined in Section 99210, with the most unlinked passenger trips in 2019 in the state, according to the National Transit Database. (b) (1) On or before December 31, 2023, the institute shall develop and make available on its internet website a survey for the purpose of promoting consistency in the collection of survey data to inform efforts to improve the safety of riders and reduce street harassment on public transit. (2) The survey shall include questions asking for the following information: (A) Demographic information regarding riders, including their race, ethnicity, religion, age, disability, income, primary language, sex, gender, gender identity, gender expression, and sexual orientation. (B) Information regarding a rider’s experiences with safety while waiting at public transit stops and riding public transit, including: (i) Whether a rider experiences street harassment. (ii) The frequency with which a rider experiences street harassment. (iii) The type of street harassment experienced by a rider. (iv) The actual or perceived characteristics that serve as the basis for street harassment experienced by a rider. (v) Where and when a rider experiences street harassment, including on what mode of transit. (vi) Whether a rider experiencing street harassment is alone or accompanied by others. (vii) Whether a rider experiencing street harassment reports the incident, and, if so, to whom and the response received. (viii) The impact of street harassment on a rider, including whether and how they change their use of transit. (ix) A rider’s perceptions of safety while using transit. (3) In developing the survey, the institute shall consult with organizations representing subpopulations impacted by street harassment and with transit operators. The institute shall consider existing efforts by a transit operator to collect survey data and make recommendations on how a transit operator may use or update available survey data instead of collecting new survey data.

Cal. Public Utilities Code - PUC § 99178. Section 99178.

(a) For purposes of this section, the terms “street harassment,” “survey data,” and “transit operator” have the same meanings as defined in Section 99177. (b) (1) On or before December 31, 2024, a transit operator shall collect and publish survey data, in accordance with this section, to the extent feasible with the funding it receives to implement this section from the Department of Transportation pursuant to paragraph (2), for the purpose of informing their efforts to improve the safety of riders and reduce street harassment on public transit. (2) On or before July 1, 2024, the Department of Transportation shall enter into a funding agreement with a transit operator to collect and publish the survey data described in paragraph (1). (c) A transit operator shall collect, at a minimum, the information described in paragraph (2) of subdivision (b) of Section 99177. (d) A transit operator may, but is not required to, use the survey made available pursuant to Section 99177 and may ask additional questions beyond those in the survey. (e) A transit operator shall conduct outreach activities with subpopulations of riders who are underrepresented in surveys and impacted by street harassment to gain insight into the perspectives of these riders based on their experiences. Activities may include focus groups, participatory workshops, or other methods of engaging riders. Subpopulations may include, but are not limited to, women riders, non-English-speaking riders, LGBTQ+ riders, and riders with disabilities. (f) A transit operator may collect survey data in multiple languages to reach limited-English-proficient riders impacted by street harassment. The languages may be determined by existing data on riders or the top non-English languages used by limited-English-proficient persons in the community served by the transit operator according to the most recent American Community Survey by the United States Census Bureau. (g) (1) A transit operator shall publish and make publicly available on its internet website all survey data collected pursuant to this section, including the information described in paragraph (2) of subdivision (b) of Section 99177, as required by subdivision (c). (2) Notwithstanding paragraph (1), a transit operator shall not publish any personally identifiable information. (3) A transit operator shall promptly notify the Governor and the Legislature of the publication of the survey data. (h) Notwithstanding anything in this section to the contrary, any information described in paragraph (2) of subdivision (b) of Section 99177 collected by a transit operator in the five years before the effective date of this section shall be deemed to be survey data collected by the transit operator pursuant to this section, and any outreach activities conducted by a transit operator to collect that information in the five years before the effective date of this section shall be deemed to have been conducted by the transit operator pursuant to this section. (i) Nothing in this section shall be construed to create new or additional liability for a transit operator for failing to respond to an incident of street harassment.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026