66540.4. There is hereby established the San Francisco Bay Area
Water Emergency Transportation Authority as a local governmental
entity of regional government, with jurisdiction extending throughout
the bay area region.
66540.5. The authority shall have the authority to plan, manage,
operate, and coordinate the emergency activities of all water
transportation and related facilities within the bay area region,
except those provided or owned by the Golden Gate Bridge, Highway and
Transportation District. During a state of war emergency, a state of
emergency, or a local emergency, as described in Section 8558, the
authority, in cooperation with the California Emergency Management
Agency, the United States Coast Guard, the Federal Emergency
Management Agency, and the Metropolitan Transportation Commission,
shall coordinate the emergency activities for all water
transportation services in the bay area region and, for such
purposes, shall be known as the Bay Area Maritime Emergency
Transportation Coordinator.
66540.6. (a) In order to establish and secure emergency activities
of all water transportation and related facilities within the bay
area region, the authority shall have the authority to operate a
comprehensive emergency public water transportation system that
includes water transportation services, water transit terminals, and
any other transport and facilities supportive of the system for the
bay area region, provided that those facilities are consistent with
the bay plan adopted by the Bay Conservation and Development
Commission, as it may be amended from time to time, and that the
authority consults in good faith with affected municipalities,
counties, and other public agencies that may be affected by a
particular facility. The authority shall have authority and control
over public transportation ferries within the bay area region, except
that this section shall not affect any vessels, facilities, or
services owned, operated, or provided by the Golden Gate Bridge,
Highway and Transportation District. The planning, management, and
operation of any existing or planned public transportation ferries
and related facilities and services in the bay area region shall be
consolidated under the authority's control, subject to the adoption
of the transition plan required by subdivision (b) of Section
66540.32. The authority shall not compel property transfers or
operational changes to water transportation services provided by
public agencies on or before January 1, 2008, prior to the adoption
of that transition plan.
(b) Because of the importance of an orderly development of a
comprehensive bay area region emergency water transportation system,
the environmental, health, and public safety issues implicated, and
the scarce resources available, the authority shall determine the
entry within its jurisdiction of any water transportation service or
facility that will affect public lands or receive or benefit from the
use of federal, state, or local funds, except those owned, operated,
or provided by the Golden Gate Bridge, Highway and Transportation
District.
(c) Nothing in this section shall be construed to be in derogation
of the existing authority of the California Public Utilities
Commission.
66540.7. (a) The authority shall have the responsibility within the
area of its jurisdiction to study, plan, and implement any
improvements, expansion, or enhancements of existing or future public
transportation ferries and related facilities and services.
(b) The authority may commission planning, engineering, economic,
and other studies to provide information to the board for making
decisions about the location, design, management, and other features
of future public transportation ferries and related facilities and
services.
(c) (1) Not later than 60 days after the effective date of this
title, the San Francisco Bay Area Water Transit Authority shall
transfer and assign to the authority all contracts in force for study
and development of possible water transportation services in the bay
area region.
(2) The transfer of contracts required under this subdivision
shall include the contemporaneous transfer of revenue from state or
federal grants, local funds, and other sources of revenue committed
and adequate to fund the contracts until their completion.
(d) The policy direction for the study described in subdivision
(c) shall become the responsibility of the authority. The authority
shall consider the concepts and ideas of the San Francisco Bay Area
Water Transit Authority, the Metropolitan Transportation Commission,
and other entities, both public and private.
(e) The Metropolitan Transportation Commission, or its successor
agency, shall cooperate with the authority to include all public
transportation ferries plans and facilities selected by the authority
in the regional transportation plan consistent with state and
federal law.
66540.8. The authority shall have the power to apply for, receive,
and expend funds for public transportation ferries and related
facilities and services, and emergency water transportation for
disaster recovery within the bay area region, including, but not
limited to, all direct and indirect distributions of federal, state,
and regional funds and the issuance of any future state or local
bonds. Any allocation or distribution of federal, state, and regional
funds designated for the San Francisco Bay Area Water Transit
Authority shall be transferred to the authority and the authority
shall be as fully entitled to new allocation or distribution of funds
as if it were the San Francisco Bay Area Water Transit Authority,
including, without limitation, funds derived from the increase in
tolls on state-owned bridges in the bay area pursuant to the
expenditures plan approved by the Legislature in Chapter 715 of the
Statutes of 2003. The authority shall be entitled to receive and
shall be disbursed funds under subdivision (b) of Section 8879.57
that would have been allocated to any waterborne transit agency that,
as of the effective date of that section, would not be or have been
eligible to receive State Transit Assistance Funds but for the effect
of this act. Pursuant to subdivision (b) of Section 8879.61, if the
authority receives grant awards allocated from funds pursuant to
subdivision (b) of Section 8879.57, it shall not be eligible to
receive grant awards from funds allocated pursuant to subdivision (a)
of Section 8879.57.
66540.9. In order to properly plan and provide for emergency water
transportation services and facilities, the authority shall have the
authority to plan, develop, and operate all aspects of water
transportation facilities within the bay area region, including, but
not limited to, the location and development of terminals, parking
lots and structures, and all other facilities and services necessary
to serve passengers and other customers of the water transportation
services system.
66540.10. The San Francisco Bay Area Water Transit Authority shall
transfer the title and ownership of all property within its control
and ownership to the authority. Funds necessary for the establishment
and organization of the authority, as determined by the board, shall
be transferred immediately upon request by the authority. All other
transfers shall be consistent with the transition plan required under
subdivision (b) of Section 66540.32 and shall include, but not be
limited to, all of the following:
(a) All real and personal property, including, but not limited to,
all terminals, ferries, vehicles or facilities, parking facilities
for passengers and employees, and related buildings and facilities
convenient or necessary to operate, support, maintain, and manage the
water transportation services system and its services to customers.
(b) All contracts with tenants, concessionaires, leaseholders, and
others.
(c) All financial obligations secured by revenues and fees
generated from the operations of the water transportation services
system, including, but not limited to, bonded indebtedness associated
with the water transportation services system.
(d) All financial reserves, including, but not limited to, sinking
funds and other credits.
(e) All office equipment, including, but not limited to,
computers, records and files, and software required for financial
management, personnel management, and accounting and inventory
systems.
66540.11. (a) Public transportation ferries and related water
transportation services and facilities within the bay area region
shall be transferred to the authority in accordance with the
transition plan required under subdivision (b) of Section 66540.32.
This section shall not affect any vessels, services, or facilities
owned, operated, or provided by the Golden Gate Bridge, Highway and
Transportation District.
(b) The authority may accept the transfer of ownership, leasehold
interests, operation, and management of any other public
transportation ferries and related water transportation services and
facilities within the bay area region developed or adopted by any
general purpose local government or special district that operates or
sponsors water transit, including, but not limited to, those water
transportation services provided under agreement with a private
operator.
(c) All transfers pursuant to subdivisions (a) and (b) shall be
consistent with the adopted transition plan required under
subdivision (b) of Section 66540.32 and may include, but not be
limited to, all of the following:
(1) All real and personal property, including, but not limited to,
all terminals, ferries, vehicles or facilities, parking facilities
for passengers and employees, and buildings and facilities used to
operate, maintain, and manage the water transportation services
system.
(2) All personnel currently employed by the water transportation
services system, subject to the provisions of Article 5 (commencing
with Section 66540.55) of Chapter 5.
(3) All contracts with tenants, concessionaires, leaseholders, and
others.
(4) All nondiscretionary local funds and subsidies for the water
transportation services system, other than the direct subsidy the
Golden Gate Bridge, Highway and Transportation District currently
provides to the water transportation services system it provides.
(5) All financial obligations generated from the operations of the
water transportation services system, including, but not limited to,
bonded indebtedness and subsidies associated with the public
transportation ferry system.
(d) In accepting a transfer, the authority shall commit to
maintaining public transportation ferries and related water
transportation services and facilities provided by the transferring
agency or operator for a period of at least five years following the
transfer. The authority shall attempt to maintain the service levels
provided by the transferring agency or operator pursuant to the
operating plan prepared pursuant to subparagraph (E) of paragraph (2)
of subdivision (b) of Section 66540.32. The authority may assume no
financial obligations other than the financial obligations associated
with the operation of the services and facilities being transferred
to the authority.
(e) Reasonable administrative costs incurred by operators of water
transportation services as of January 1, 2008, related to the
transfers required by this section or the implementation of this
title shall be borne by the authority. The authority may use Regional
Measure 2 operating funds pursuant to paragraph (6) of subdivision
(d) of Section 30914 of the Streets and Highways Code, in an amount
not to exceed six hundred thousand dollars ($600,000) to support
development of the transition plan specified in subdivision (b) of
Section 66540.32 and for transition-related costs incurred by the
authority or the transferring agencies on or after July 1, 2008, upon
a determination by the Metropolitan Transportation Commission that
the costs are reasonable and are substantially a result of the
transition. After adoption of the transition plan and formal
agreement by the Cities of Vallejo and Alameda to transition their
ferry services to the authority in accordance with the transition
plan, the authority may use additional Regional Measure 2 operating
funds above the limits referenced in this subdivision for transition
and transition-related activities, incurred before or after the
actual transfer of services and facilities, as specified in the
transition plan and approved by the Metropolitan Transportation
Commission.
(f) After adoption of the transition plan and after formal
agreement by the Cities of Vallejo and Alameda to transition their
services and facilities to the authority in accordance with the
transition plan, the authority may use Regional Measure 2 operating
funds in accordance with paragraph (6) of subdivision (d) of Section
30914 of the Streets and Highways Code for operation of the Vallejo
and Alameda services and facilities if consistent with the transition
plan and approved by the Metropolitan Transportation Commission.
(g) Notwithstanding any other provision of this title, if a
transfer of assets occurs, the authority shall indemnify the state
against any claims or liability relating to the ferry vessel
operations and facilities transferred, or any act or failure to act
when the authority has a legal obligation under the laws of this
state, except for any claims or liability arising out of or related
to City of Vallejo v. State of California (Solano County Superior
Court, Case No. FCS031170).
66540.4. There is hereby established the San Francisco Bay Area
Water Emergency Transportation Authority as a local governmental
entity of regional government, with jurisdiction extending throughout
the bay area region.
66540.5. The authority shall have the authority to plan, manage,
operate, and coordinate the emergency activities of all water
transportation and related facilities within the bay area region,
except those provided or owned by the Golden Gate Bridge, Highway and
Transportation District. During a state of war emergency, a state of
emergency, or a local emergency, as described in Section 8558, the
authority, in cooperation with the California Emergency Management
Agency, the United States Coast Guard, the Federal Emergency
Management Agency, and the Metropolitan Transportation Commission,
shall coordinate the emergency activities for all water
transportation services in the bay area region and, for such
purposes, shall be known as the Bay Area Maritime Emergency
Transportation Coordinator.
66540.6. (a) In order to establish and secure emergency activities
of all water transportation and related facilities within the bay
area region, the authority shall have the authority to operate a
comprehensive emergency public water transportation system that
includes water transportation services, water transit terminals, and
any other transport and facilities supportive of the system for the
bay area region, provided that those facilities are consistent with
the bay plan adopted by the Bay Conservation and Development
Commission, as it may be amended from time to time, and that the
authority consults in good faith with affected municipalities,
counties, and other public agencies that may be affected by a
particular facility. The authority shall have authority and control
over public transportation ferries within the bay area region, except
that this section shall not affect any vessels, facilities, or
services owned, operated, or provided by the Golden Gate Bridge,
Highway and Transportation District. The planning, management, and
operation of any existing or planned public transportation ferries
and related facilities and services in the bay area region shall be
consolidated under the authority's control, subject to the adoption
of the transition plan required by subdivision (b) of Section
66540.32. The authority shall not compel property transfers or
operational changes to water transportation services provided by
public agencies on or before January 1, 2008, prior to the adoption
of that transition plan.
(b) Because of the importance of an orderly development of a
comprehensive bay area region emergency water transportation system,
the environmental, health, and public safety issues implicated, and
the scarce resources available, the authority shall determine the
entry within its jurisdiction of any water transportation service or
facility that will affect public lands or receive or benefit from the
use of federal, state, or local funds, except those owned, operated,
or provided by the Golden Gate Bridge, Highway and Transportation
District.
(c) Nothing in this section shall be construed to be in derogation
of the existing authority of the California Public Utilities
Commission.
66540.7. (a) The authority shall have the responsibility within the
area of its jurisdiction to study, plan, and implement any
improvements, expansion, or enhancements of existing or future public
transportation ferries and related facilities and services.
(b) The authority may commission planning, engineering, economic,
and other studies to provide information to the board for making
decisions about the location, design, management, and other features
of future public transportation ferries and related facilities and
services.
(c) (1) Not later than 60 days after the effective date of this
title, the San Francisco Bay Area Water Transit Authority shall
transfer and assign to the authority all contracts in force for study
and development of possible water transportation services in the bay
area region.
(2) The transfer of contracts required under this subdivision
shall include the contemporaneous transfer of revenue from state or
federal grants, local funds, and other sources of revenue committed
and adequate to fund the contracts until their completion.
(d) The policy direction for the study described in subdivision
(c) shall become the responsibility of the authority. The authority
shall consider the concepts and ideas of the San Francisco Bay Area
Water Transit Authority, the Metropolitan Transportation Commission,
and other entities, both public and private.
(e) The Metropolitan Transportation Commission, or its successor
agency, shall cooperate with the authority to include all public
transportation ferries plans and facilities selected by the authority
in the regional transportation plan consistent with state and
federal law.
66540.8. The authority shall have the power to apply for, receive,
and expend funds for public transportation ferries and related
facilities and services, and emergency water transportation for
disaster recovery within the bay area region, including, but not
limited to, all direct and indirect distributions of federal, state,
and regional funds and the issuance of any future state or local
bonds. Any allocation or distribution of federal, state, and regional
funds designated for the San Francisco Bay Area Water Transit
Authority shall be transferred to the authority and the authority
shall be as fully entitled to new allocation or distribution of funds
as if it were the San Francisco Bay Area Water Transit Authority,
including, without limitation, funds derived from the increase in
tolls on state-owned bridges in the bay area pursuant to the
expenditures plan approved by the Legislature in Chapter 715 of the
Statutes of 2003. The authority shall be entitled to receive and
shall be disbursed funds under subdivision (b) of Section 8879.57
that would have been allocated to any waterborne transit agency that,
as of the effective date of that section, would not be or have been
eligible to receive State Transit Assistance Funds but for the effect
of this act. Pursuant to subdivision (b) of Section 8879.61, if the
authority receives grant awards allocated from funds pursuant to
subdivision (b) of Section 8879.57, it shall not be eligible to
receive grant awards from funds allocated pursuant to subdivision (a)
of Section 8879.57.
66540.9. In order to properly plan and provide for emergency water
transportation services and facilities, the authority shall have the
authority to plan, develop, and operate all aspects of water
transportation facilities within the bay area region, including, but
not limited to, the location and development of terminals, parking
lots and structures, and all other facilities and services necessary
to serve passengers and other customers of the water transportation
services system.
66540.10. The San Francisco Bay Area Water Transit Authority shall
transfer the title and ownership of all property within its control
and ownership to the authority. Funds necessary for the establishment
and organization of the authority, as determined by the board, shall
be transferred immediately upon request by the authority. All other
transfers shall be consistent with the transition plan required under
subdivision (b) of Section 66540.32 and shall include, but not be
limited to, all of the following:
(a) All real and personal property, including, but not limited to,
all terminals, ferries, vehicles or facilities, parking facilities
for passengers and employees, and related buildings and facilities
convenient or necessary to operate, support, maintain, and manage the
water transportation services system and its services to customers.
(b) All contracts with tenants, concessionaires, leaseholders, and
others.
(c) All financial obligations secured by revenues and fees
generated from the operations of the water transportation services
system, including, but not limited to, bonded indebtedness associated
with the water transportation services system.
(d) All financial reserves, including, but not limited to, sinking
funds and other credits.
(e) All office equipment, including, but not limited to,
computers, records and files, and software required for financial
management, personnel management, and accounting and inventory
systems.
66540.11. (a) Public transportation ferries and related water
transportation services and facilities within the bay area region
shall be transferred to the authority in accordance with the
transition plan required under subdivision (b) of Section 66540.32.
This section shall not affect any vessels, services, or facilities
owned, operated, or provided by the Golden Gate Bridge, Highway and
Transportation District.
(b) The authority may accept the transfer of ownership, leasehold
interests, operation, and management of any other public
transportation ferries and related water transportation services and
facilities within the bay area region developed or adopted by any
general purpose local government or special district that operates or
sponsors water transit, including, but not limited to, those water
transportation services provided under agreement with a private
operator.
(c) All transfers pursuant to subdivisions (a) and (b) shall be
consistent with the adopted transition plan required under
subdivision (b) of Section 66540.32 and may include, but not be
limited to, all of the following:
(1) All real and personal property, including, but not limited to,
all terminals, ferries, vehicles or facilities, parking facilities
for passengers and employees, and buildings and facilities used to
operate, maintain, and manage the water transportation services
system.
(2) All personnel currently employed by the water transportation
services system, subject to the provisions of Article 5 (commencing
with Section 66540.55) of Chapter 5.
(3) All contracts with tenants, concessionaires, leaseholders, and
others.
(4) All nondiscretionary local funds and subsidies for the water
transportation services system, other than the direct subsidy the
Golden Gate Bridge, Highway and Transportation District currently
provides to the water transportation services system it provides.
(5) All financial obligations generated from the operations of the
water transportation services system, including, but not limited to,
bonded indebtedness and subsidies associated with the public
transportation ferry system.
(d) In accepting a transfer, the authority shall commit to
maintaining public transportation ferries and related water
transportation services and facilities provided by the transferring
agency or operator for a period of at least five years following the
transfer. The authority shall attempt to maintain the service levels
provided by the transferring agency or operator pursuant to the
operating plan prepared pursuant to subparagraph (E) of paragraph (2)
of subdivision (b) of Section 66540.32. The authority may assume no
financial obligations other than the financial obligations associated
with the operation of the services and facilities being transferred
to the authority.
(e) Reasonable administrative costs incurred by operators of water
transportation services as of January 1, 2008, related to the
transfers required by this section or the implementation of this
title shall be borne by the authority. The authority may use Regional
Measure 2 operating funds pursuant to paragraph (6) of subdivision
(d) of Section 30914 of the Streets and Highways Code, in an amount
not to exceed six hundred thousand dollars ($600,000) to support
development of the transition plan specified in subdivision (b) of
Section 66540.32 and for transition-related costs incurred by the
authority or the transferring agencies on or after July 1, 2008, upon
a determination by the Metropolitan Transportation Commission that
the costs are reasonable and are substantially a result of the
transition. After adoption of the transition plan and formal
agreement by the Cities of Vallejo and Alameda to transition their
ferry services to the authority in accordance with the transition
plan, the authority may use additional Regional Measure 2 operating
funds above the limits referenced in this subdivision for transition
and transition-related activities, incurred before or after the
actual transfer of services and facilities, as specified in the
transition plan and approved by the Metropolitan Transportation
Commission.
(f) After adoption of the transition plan and after formal
agreement by the Cities of Vallejo and Alameda to transition their
services and facilities to the authority in accordance with the
transition plan, the authority may use Regional Measure 2 operating
funds in accordance with paragraph (6) of subdivision (d) of Section
30914 of the Streets and Highways Code for operation of the Vallejo
and Alameda services and facilities if consistent with the transition
plan and approved by the Metropolitan Transportation Commission.
(g) Notwithstanding any other provision of this title, if a
transfer of assets occurs, the authority shall indemnify the state
against any claims or liability relating to the ferry vessel
operations and facilities transferred, or any act or failure to act
when the authority has a legal obligation under the laws of this
state, except for any claims or liability arising out of or related
to City of Vallejo v. State of California (Solano County Superior
Court, Case No. FCS031170).
66540.4. There is hereby established the San Francisco Bay Area
Water Emergency Transportation Authority as a local governmental
entity of regional government, with jurisdiction extending throughout
the bay area region.
66540.5. The authority shall have the authority to plan, manage,
operate, and coordinate the emergency activities of all water
transportation and related facilities within the bay area region,
except those provided or owned by the Golden Gate Bridge, Highway and
Transportation District. During a state of war emergency, a state of
emergency, or a local emergency, as described in Section 8558, the
authority, in cooperation with the California Emergency Management
Agency, the United States Coast Guard, the Federal Emergency
Management Agency, and the Metropolitan Transportation Commission,
shall coordinate the emergency activities for all water
transportation services in the bay area region and, for such
purposes, shall be known as the Bay Area Maritime Emergency
Transportation Coordinator.
66540.6. (a) In order to establish and secure emergency activities
of all water transportation and related facilities within the bay
area region, the authority shall have the authority to operate a
comprehensive emergency public water transportation system that
includes water transportation services, water transit terminals, and
any other transport and facilities supportive of the system for the
bay area region, provided that those facilities are consistent with
the bay plan adopted by the Bay Conservation and Development
Commission, as it may be amended from time to time, and that the
authority consults in good faith with affected municipalities,
counties, and other public agencies that may be affected by a
particular facility. The authority shall have authority and control
over public transportation ferries within the bay area region, except
that this section shall not affect any vessels, facilities, or
services owned, operated, or provided by the Golden Gate Bridge,
Highway and Transportation District. The planning, management, and
operation of any existing or planned public transportation ferries
and related facilities and services in the bay area region shall be
consolidated under the authority's control, subject to the adoption
of the transition plan required by subdivision (b) of Section
66540.32. The authority shall not compel property transfers or
operational changes to water transportation services provided by
public agencies on or before January 1, 2008, prior to the adoption
of that transition plan.
(b) Because of the importance of an orderly development of a
comprehensive bay area region emergency water transportation system,
the environmental, health, and public safety issues implicated, and
the scarce resources available, the authority shall determine the
entry within its jurisdiction of any water transportation service or
facility that will affect public lands or receive or benefit from the
use of federal, state, or local funds, except those owned, operated,
or provided by the Golden Gate Bridge, Highway and Transportation
District.
(c) Nothing in this section shall be construed to be in derogation
of the existing authority of the California Public Utilities
Commission.
66540.7. (a) The authority shall have the responsibility within the
area of its jurisdiction to study, plan, and implement any
improvements, expansion, or enhancements of existing or future public
transportation ferries and related facilities and services.
(b) The authority may commission planning, engineering, economic,
and other studies to provide information to the board for making
decisions about the location, design, management, and other features
of future public transportation ferries and related facilities and
services.
(c) (1) Not later than 60 days after the effective date of this
title, the San Francisco Bay Area Water Transit Authority shall
transfer and assign to the authority all contracts in force for study
and development of possible water transportation services in the bay
area region.
(2) The transfer of contracts required under this subdivision
shall include the contemporaneous transfer of revenue from state or
federal grants, local funds, and other sources of revenue committed
and adequate to fund the contracts until their completion.
(d) The policy direction for the study described in subdivision
(c) shall become the responsibility of the authority. The authority
shall consider the concepts and ideas of the San Francisco Bay Area
Water Transit Authority, the Metropolitan Transportation Commission,
and other entities, both public and private.
(e) The Metropolitan Transportation Commission, or its successor
agency, shall cooperate with the authority to include all public
transportation ferries plans and facilities selected by the authority
in the regional transportation plan consistent with state and
federal law.
66540.8. The authority shall have the power to apply for, receive,
and expend funds for public transportation ferries and related
facilities and services, and emergency water transportation for
disaster recovery within the bay area region, including, but not
limited to, all direct and indirect distributions of federal, state,
and regional funds and the issuance of any future state or local
bonds. Any allocation or distribution of federal, state, and regional
funds designated for the San Francisco Bay Area Water Transit
Authority shall be transferred to the authority and the authority
shall be as fully entitled to new allocation or distribution of funds
as if it were the San Francisco Bay Area Water Transit Authority,
including, without limitation, funds derived from the increase in
tolls on state-owned bridges in the bay area pursuant to the
expenditures plan approved by the Legislature in Chapter 715 of the
Statutes of 2003. The authority shall be entitled to receive and
shall be disbursed funds under subdivision (b) of Section 8879.57
that would have been allocated to any waterborne transit agency that,
as of the effective date of that section, would not be or have been
eligible to receive State Transit Assistance Funds but for the effect
of this act. Pursuant to subdivision (b) of Section 8879.61, if the
authority receives grant awards allocated from funds pursuant to
subdivision (b) of Section 8879.57, it shall not be eligible to
receive grant awards from funds allocated pursuant to subdivision (a)
of Section 8879.57.
66540.9. In order to properly plan and provide for emergency water
transportation services and facilities, the authority shall have the
authority to plan, develop, and operate all aspects of water
transportation facilities within the bay area region, including, but
not limited to, the location and development of terminals, parking
lots and structures, and all other facilities and services necessary
to serve passengers and other customers of the water transportation
services system.
66540.10. The San Francisco Bay Area Water Transit Authority shall
transfer the title and ownership of all property within its control
and ownership to the authority. Funds necessary for the establishment
and organization of the authority, as determined by the board, shall
be transferred immediately upon request by the authority. All other
transfers shall be consistent with the transition plan required under
subdivision (b) of Section 66540.32 and shall include, but not be
limited to, all of the following:
(a) All real and personal property, including, but not limited to,
all terminals, ferries, vehicles or facilities, parking facilities
for passengers and employees, and related buildings and facilities
convenient or necessary to operate, support, maintain, and manage the
water transportation services system and its services to customers.
(b) All contracts with tenants, concessionaires, leaseholders, and
others.
(c) All financial obligations secured by revenues and fees
generated from the operations of the water transportation services
system, including, but not limited to, bonded indebtedness associated
with the water transportation services system.
(d) All financial reserves, including, but not limited to, sinking
funds and other credits.
(e) All office equipment, including, but not limited to,
computers, records and files, and software required for financial
management, personnel management, and accounting and inventory
systems.
66540.11. (a) Public transportation ferries and related water
transportation services and facilities within the bay area region
shall be transferred to the authority in accordance with the
transition plan required under subdivision (b) of Section 66540.32.
This section shall not affect any vessels, services, or facilities
owned, operated, or provided by the Golden Gate Bridge, Highway and
Transportation District.
(b) The authority may accept the transfer of ownership, leasehold
interests, operation, and management of any other public
transportation ferries and related water transportation services and
facilities within the bay area region developed or adopted by any
general purpose local government or special district that operates or
sponsors water transit, including, but not limited to, those water
transportation services provided under agreement with a private
operator.
(c) All transfers pursuant to subdivisions (a) and (b) shall be
consistent with the adopted transition plan required under
subdivision (b) of Section 66540.32 and may include, but not be
limited to, all of the following:
(1) All real and personal property, including, but not limited to,
all terminals, ferries, vehicles or facilities, parking facilities
for passengers and employees, and buildings and facilities used to
operate, maintain, and manage the water transportation services
system.
(2) All personnel currently employed by the water transportation
services system, subject to the provisions of Article 5 (commencing
with Section 66540.55) of Chapter 5.
(3) All contracts with tenants, concessionaires, leaseholders, and
others.
(4) All nondiscretionary local funds and subsidies for the water
transportation services system, other than the direct subsidy the
Golden Gate Bridge, Highway and Transportation District currently
provides to the water transportation services system it provides.
(5) All financial obligations generated from the operations of the
water transportation services system, including, but not limited to,
bonded indebtedness and subsidies associated with the public
transportation ferry system.
(d) In accepting a transfer, the authority shall commit to
maintaining public transportation ferries and related water
transportation services and facilities provided by the transferring
agency or operator for a period of at least five years following the
transfer. The authority shall attempt to maintain the service levels
provided by the transferring agency or operator pursuant to the
operating plan prepared pursuant to subparagraph (E) of paragraph (2)
of subdivision (b) of Section 66540.32. The authority may assume no
financial obligations other than the financial obligations associated
with the operation of the services and facilities being transferred
to the authority.
(e) Reasonable administrative costs incurred by operators of water
transportation services as of January 1, 2008, related to the
transfers required by this section or the implementation of this
title shall be borne by the authority. The authority may use Regional
Measure 2 operating funds pursuant to paragraph (6) of subdivision
(d) of Section 30914 of the Streets and Highways Code, in an amount
not to exceed six hundred thousand dollars ($600,000) to support
development of the transition plan specified in subdivision (b) of
Section 66540.32 and for transition-related costs incurred by the
authority or the transferring agencies on or after July 1, 2008, upon
a determination by the Metropolitan Transportation Commission that
the costs are reasonable and are substantially a result of the
transition. After adoption of the transition plan and formal
agreement by the Cities of Vallejo and Alameda to transition their
ferry services to the authority in accordance with the transition
plan, the authority may use additional Regional Measure 2 operating
funds above the limits referenced in this subdivision for transition
and transition-related activities, incurred before or after the
actual transfer of services and facilities, as specified in the
transition plan and approved by the Metropolitan Transportation
Commission.
(f) After adoption of the transition plan and after formal
agreement by the Cities of Vallejo and Alameda to transition their
services and facilities to the authority in accordance with the
transition plan, the authority may use Regional Measure 2 operating
funds in accordance with paragraph (6) of subdivision (d) of Section
30914 of the Streets and Highways Code for operation of the Vallejo
and Alameda services and facilities if consistent with the transition
plan and approved by the Metropolitan Transportation Commission.
(g) Notwithstanding any other provision of this title, if a
transfer of assets occurs, the authority shall indemnify the state
against any claims or liability relating to the ferry vessel
operations and facilities transferred, or any act or failure to act
when the authority has a legal obligation under the laws of this
state, except for any claims or liability arising out of or related
to City of Vallejo v. State of California (Solano County Superior
Court, Case No. FCS031170).
