132353. Definitions. The following definitions contained in this
article shall govern the construction of this article.
(a) "Construction" shall mean the final design, permitting and
building of all transit projects including, but not limited to,
commuter and freight rail, light rail, general rail infrastructure,
regional bus facilities, paratransit, and other regional transit
projects. Construction shall exclude the Oceanside to Escondido Rail
Project and the Mission Valley East Extension Light Rail Project, and
other projects or those portions of projects which have a
construction contract in place at the time of the subsequent transfer
defined in Section 132353.2. The aforementioned construction
contracts may be assigned to the consolidated agency with mutual
agreement of the consolidated agency and the respective transit
board. Construction projects shall exclude local and minor
improvement projects as defined in the transition plan.
(b) "Planning" shall include, but not be limited to, conceptual
development of transit projects and services and integration and
coordination of all modes of transportation.
(c) "Programming" shall mean the, acquisition, prioritization and
allocation of funding of transit projects and services.
(d) "Project development" shall mean alternative analysis,
environmental review and clearance, preliminary engineering, and any
other activities necessary to prepare for the construction of a
transit project, as defined in the transition plans.
132353.1. Notwithstanding any other provision of law and except as
provided in this chapter, the San Diego Association of Governments
shall be consolidated into a public agency known as the consolidated
agency. In addition, upon adoption of the 2030 Regional
Transportation Plan by the consolidated agency, and not later than
July 1, 2003, all public transit and other transportation planning
and programming responsibilities, including, but not limited to,
short and near-term operational and financial planning and program
development of the San Diego Metropolitan Transit Development Board
(MTDB) and the North San Diego County Transit Development Board
(NCTD), except as set forth in subdivision (c) of Section 132353.2
shall be consolidated into the consolidated agency. This
consolidation shall be referred to as the initial transfer. A
transition plan for the initial transfer of transit functions and
responsibilities shall be developed by February 28, 2003, by the
consolidated agency in consultation with the transit boards to ensure
the efficient and timely transfer of the transit boards' functions
and responsibilities. All local, state, federal, and other funding
available to carry out these responsibilities and those set forth in
Section 132353.2, upon any consolidation, shall be deemed to be
funding of the consolidated agency.
132353.2. (a) A transition plan for the transfer of project
development and construction responsibilities of the transit boards
and the financial resources therefore to the consolidated agency
shall be developed by the consolidated agency in consultation with
the transit boards to ensure the efficient and timely transfer of the
transit boards' project development and construction functions and
responsibilities to the consolidated agency no later than September
30, 2003. The transfer and consolidation of project development and
construction functions and responsibilities and the funding therefore
shall occur no later than January 30, 2004, and shall be referred to
as the subsequent transfer.
(b) The transition plans should define the functional roles and
responsibilities of the consolidated agency and the transit boards
and should define, in the applicable transition plan, service and
operational planning, programming, project development, and
construction. The transition plans should acknowledge a strong
linkage between service planning and operations scheduling.
(c) Local route planning and scheduling and local financial
planning therefor, would continue to be the responsibility of the
transit boards in accordance with guidelines provided by the
consolidated agency. The initial transition plan would include the
development of guidelines and would define local route planning.
(d) Notwithstanding the provisions of Section 132353.2, at any
time after the initial transfer, the consolidated agency may enter
into individual agreements with the MTDB or the NCTD for the transfer
and consolidation of any or all functions, personnel, and funding of
either agency, except those functions set forth in Section 132354.5,
to the consolidated agency on terms and conditions as may be
mutually agreed upon.
(e) The MTDB and the NCTD shall continue to be a claimant,
applicant, and grantee of local, state, and federal grants until the
transfer and consolidation of functions or responsibilities to the
consolidated agency pursuant to a transition plan at which time the
consolidated agency shall become the claimant, applicant, and grantee
for these funds. Except for funds which are transferred to the
consolidated agency pursuant to a transition plan, the MTDB and the
NCTD shall continue to receive funding pursuant to Article 4
(commencing with Section 99260) and Article 4.5 (commencing with
Section 99275) of the Transportation Development Act in Chapter 4 of
Part 11 of Division 10 and the State Transportation Assistance Fund
in accordance with state law. Except for funds which are transferred
to the consolidated agency pursuant to a transition plan, the MTDB
and the NCTD shall continue to receive the Federal Section 5307
Urbanized Area Formula funds pursuant to federal statute. These funds
should be allocated in a manner which will help enable the transit
boards to meet their obligations and responsibilities recognizing the
methodology and historic funding levels that have previously guided
these funding decisions. The consolidated agency shall conduct a
periodic review of the allocation and methodology for all
formula-based funding.
(f) The consolidated agency and the MTDB and the NCTD shall work
together to obtain funds for transit projects and services.
(g) It is the intent of the Legislature that future consolidation
of transit operations of the MTDB and the NCTD into the consolidated
agency should be comprehensively evaluated by the consolidated
agency. This consolidation shall be referred to as a complete
consolidation and shall be implemented only if it is considered to be
appropriate by the consolidated agency and approved by a statute
enacted by the Legislature.
132353.3. In the event of complete consolidation of MTDB with the
consolidated agency, any corporation that is a wholly owned
subsidiary of MTDB shall become a subsidiary of the consolidated
agency.
132353.4. Upon the transfer of responsibilities and obligations
from the consolidated entities into the consolidated agency, the
consolidated agency, shall by operation of law, and in accordance
with transition plans, succeed to all of the rights and obligations
of the consolidated entities, including MTDB and NCTD, which enable
the consolidated agency to perform the responsibility and obligations
transferred, as provided in this section. This shall include, but
not be limited to:
(a) The rights and property of the consolidated entities,
including MTDB and NCTD, pertaining to the responsibilities and
obligations transferred.
(b) The legally enforceable debts and liabilities of the
consolidated entities, including MTDB and NCTD, pertaining to the
responsibilities and obligations transferred in the same manner as if
the consolidated agency had itself incurred them.
(c) The rights of creditors and all liens upon the property of the
consolidated entities or of their responsibilities shall be
preserved unimpaired, limited in lien to the property affected by the
liens immediately prior to the transfer of related responsibilities
and obligations.
(d) An action or proceeding pending by or against a consolidated
entity, including MTDB and NCTD, may be prosecuted to judgment, and
the judgment shall be binding on the consolidated agency, or the
consolidated agency may be proceeded against or substituted in the
place of a consolidated entity, if the action or proceeding pertains
to a transferred responsibility or obligation.
(e) In order to protect the holders of outstanding, unmatured
bonds and other evidences of indebtedness of the consolidated
entities, including MTDB and NCTD pertaining to the responsibilities
and obligations transferred, the consolidated agency shall have the
power to take all actions and do all things necessary or required for
the protection of those holders and for compliance with the terms of
those bonds and other evidences of indebtedness. The consolidated
agency shall have the power to continue all services that the
consolidated entities, including MTDB and NCTD are furnishing
pertaining to the responsibilities and obligations transferred on the
date of the transfer.
132353. Definitions. The following definitions contained in this
article shall govern the construction of this article.
(a) "Construction" shall mean the final design, permitting and
building of all transit projects including, but not limited to,
commuter and freight rail, light rail, general rail infrastructure,
regional bus facilities, paratransit, and other regional transit
projects. Construction shall exclude the Oceanside to Escondido Rail
Project and the Mission Valley East Extension Light Rail Project, and
other projects or those portions of projects which have a
construction contract in place at the time of the subsequent transfer
defined in Section 132353.2. The aforementioned construction
contracts may be assigned to the consolidated agency with mutual
agreement of the consolidated agency and the respective transit
board. Construction projects shall exclude local and minor
improvement projects as defined in the transition plan.
(b) "Planning" shall include, but not be limited to, conceptual
development of transit projects and services and integration and
coordination of all modes of transportation.
(c) "Programming" shall mean the, acquisition, prioritization and
allocation of funding of transit projects and services.
(d) "Project development" shall mean alternative analysis,
environmental review and clearance, preliminary engineering, and any
other activities necessary to prepare for the construction of a
transit project, as defined in the transition plans.
132353.1. Notwithstanding any other provision of law and except as
provided in this chapter, the San Diego Association of Governments
shall be consolidated into a public agency known as the consolidated
agency. In addition, upon adoption of the 2030 Regional
Transportation Plan by the consolidated agency, and not later than
July 1, 2003, all public transit and other transportation planning
and programming responsibilities, including, but not limited to,
short and near-term operational and financial planning and program
development of the San Diego Metropolitan Transit Development Board
(MTDB) and the North San Diego County Transit Development Board
(NCTD), except as set forth in subdivision (c) of Section 132353.2
shall be consolidated into the consolidated agency. This
consolidation shall be referred to as the initial transfer. A
transition plan for the initial transfer of transit functions and
responsibilities shall be developed by February 28, 2003, by the
consolidated agency in consultation with the transit boards to ensure
the efficient and timely transfer of the transit boards' functions
and responsibilities. All local, state, federal, and other funding
available to carry out these responsibilities and those set forth in
Section 132353.2, upon any consolidation, shall be deemed to be
funding of the consolidated agency.
132353.2. (a) A transition plan for the transfer of project
development and construction responsibilities of the transit boards
and the financial resources therefore to the consolidated agency
shall be developed by the consolidated agency in consultation with
the transit boards to ensure the efficient and timely transfer of the
transit boards' project development and construction functions and
responsibilities to the consolidated agency no later than September
30, 2003. The transfer and consolidation of project development and
construction functions and responsibilities and the funding therefore
shall occur no later than January 30, 2004, and shall be referred to
as the subsequent transfer.
(b) The transition plans should define the functional roles and
responsibilities of the consolidated agency and the transit boards
and should define, in the applicable transition plan, service and
operational planning, programming, project development, and
construction. The transition plans should acknowledge a strong
linkage between service planning and operations scheduling.
(c) Local route planning and scheduling and local financial
planning therefor, would continue to be the responsibility of the
transit boards in accordance with guidelines provided by the
consolidated agency. The initial transition plan would include the
development of guidelines and would define local route planning.
(d) Notwithstanding the provisions of Section 132353.2, at any
time after the initial transfer, the consolidated agency may enter
into individual agreements with the MTDB or the NCTD for the transfer
and consolidation of any or all functions, personnel, and funding of
either agency, except those functions set forth in Section 132354.5,
to the consolidated agency on terms and conditions as may be
mutually agreed upon.
(e) The MTDB and the NCTD shall continue to be a claimant,
applicant, and grantee of local, state, and federal grants until the
transfer and consolidation of functions or responsibilities to the
consolidated agency pursuant to a transition plan at which time the
consolidated agency shall become the claimant, applicant, and grantee
for these funds. Except for funds which are transferred to the
consolidated agency pursuant to a transition plan, the MTDB and the
NCTD shall continue to receive funding pursuant to Article 4
(commencing with Section 99260) and Article 4.5 (commencing with
Section 99275) of the Transportation Development Act in Chapter 4 of
Part 11 of Division 10 and the State Transportation Assistance Fund
in accordance with state law. Except for funds which are transferred
to the consolidated agency pursuant to a transition plan, the MTDB
and the NCTD shall continue to receive the Federal Section 5307
Urbanized Area Formula funds pursuant to federal statute. These funds
should be allocated in a manner which will help enable the transit
boards to meet their obligations and responsibilities recognizing the
methodology and historic funding levels that have previously guided
these funding decisions. The consolidated agency shall conduct a
periodic review of the allocation and methodology for all
formula-based funding.
(f) The consolidated agency and the MTDB and the NCTD shall work
together to obtain funds for transit projects and services.
(g) It is the intent of the Legislature that future consolidation
of transit operations of the MTDB and the NCTD into the consolidated
agency should be comprehensively evaluated by the consolidated
agency. This consolidation shall be referred to as a complete
consolidation and shall be implemented only if it is considered to be
appropriate by the consolidated agency and approved by a statute
enacted by the Legislature.
132353.3. In the event of complete consolidation of MTDB with the
consolidated agency, any corporation that is a wholly owned
subsidiary of MTDB shall become a subsidiary of the consolidated
agency.
132353.4. Upon the transfer of responsibilities and obligations
from the consolidated entities into the consolidated agency, the
consolidated agency, shall by operation of law, and in accordance
with transition plans, succeed to all of the rights and obligations
of the consolidated entities, including MTDB and NCTD, which enable
the consolidated agency to perform the responsibility and obligations
transferred, as provided in this section. This shall include, but
not be limited to:
(a) The rights and property of the consolidated entities,
including MTDB and NCTD, pertaining to the responsibilities and
obligations transferred.
(b) The legally enforceable debts and liabilities of the
consolidated entities, including MTDB and NCTD, pertaining to the
responsibilities and obligations transferred in the same manner as if
the consolidated agency had itself incurred them.
(c) The rights of creditors and all liens upon the property of the
consolidated entities or of their responsibilities shall be
preserved unimpaired, limited in lien to the property affected by the
liens immediately prior to the transfer of related responsibilities
and obligations.
(d) An action or proceeding pending by or against a consolidated
entity, including MTDB and NCTD, may be prosecuted to judgment, and
the judgment shall be binding on the consolidated agency, or the
consolidated agency may be proceeded against or substituted in the
place of a consolidated entity, if the action or proceeding pertains
to a transferred responsibility or obligation.
(e) In order to protect the holders of outstanding, unmatured
bonds and other evidences of indebtedness of the consolidated
entities, including MTDB and NCTD pertaining to the responsibilities
and obligations transferred, the consolidated agency shall have the
power to take all actions and do all things necessary or required for
the protection of those holders and for compliance with the terms of
those bonds and other evidences of indebtedness. The consolidated
agency shall have the power to continue all services that the
consolidated entities, including MTDB and NCTD are furnishing
pertaining to the responsibilities and obligations transferred on the
date of the transfer.
132353. Definitions. The following definitions contained in this
article shall govern the construction of this article.
(a) "Construction" shall mean the final design, permitting and
building of all transit projects including, but not limited to,
commuter and freight rail, light rail, general rail infrastructure,
regional bus facilities, paratransit, and other regional transit
projects. Construction shall exclude the Oceanside to Escondido Rail
Project and the Mission Valley East Extension Light Rail Project, and
other projects or those portions of projects which have a
construction contract in place at the time of the subsequent transfer
defined in Section 132353.2. The aforementioned construction
contracts may be assigned to the consolidated agency with mutual
agreement of the consolidated agency and the respective transit
board. Construction projects shall exclude local and minor
improvement projects as defined in the transition plan.
(b) "Planning" shall include, but not be limited to, conceptual
development of transit projects and services and integration and
coordination of all modes of transportation.
(c) "Programming" shall mean the, acquisition, prioritization and
allocation of funding of transit projects and services.
(d) "Project development" shall mean alternative analysis,
environmental review and clearance, preliminary engineering, and any
other activities necessary to prepare for the construction of a
transit project, as defined in the transition plans.
132353.1. Notwithstanding any other provision of law and except as
provided in this chapter, the San Diego Association of Governments
shall be consolidated into a public agency known as the consolidated
agency. In addition, upon adoption of the 2030 Regional
Transportation Plan by the consolidated agency, and not later than
July 1, 2003, all public transit and other transportation planning
and programming responsibilities, including, but not limited to,
short and near-term operational and financial planning and program
development of the San Diego Metropolitan Transit Development Board
(MTDB) and the North San Diego County Transit Development Board
(NCTD), except as set forth in subdivision (c) of Section 132353.2
shall be consolidated into the consolidated agency. This
consolidation shall be referred to as the initial transfer. A
transition plan for the initial transfer of transit functions and
responsibilities shall be developed by February 28, 2003, by the
consolidated agency in consultation with the transit boards to ensure
the efficient and timely transfer of the transit boards' functions
and responsibilities. All local, state, federal, and other funding
available to carry out these responsibilities and those set forth in
Section 132353.2, upon any consolidation, shall be deemed to be
funding of the consolidated agency.
132353.2. (a) A transition plan for the transfer of project
development and construction responsibilities of the transit boards
and the financial resources therefore to the consolidated agency
shall be developed by the consolidated agency in consultation with
the transit boards to ensure the efficient and timely transfer of the
transit boards' project development and construction functions and
responsibilities to the consolidated agency no later than September
30, 2003. The transfer and consolidation of project development and
construction functions and responsibilities and the funding therefore
shall occur no later than January 30, 2004, and shall be referred to
as the subsequent transfer.
(b) The transition plans should define the functional roles and
responsibilities of the consolidated agency and the transit boards
and should define, in the applicable transition plan, service and
operational planning, programming, project development, and
construction. The transition plans should acknowledge a strong
linkage between service planning and operations scheduling.
(c) Local route planning and scheduling and local financial
planning therefor, would continue to be the responsibility of the
transit boards in accordance with guidelines provided by the
consolidated agency. The initial transition plan would include the
development of guidelines and would define local route planning.
(d) Notwithstanding the provisions of Section 132353.2, at any
time after the initial transfer, the consolidated agency may enter
into individual agreements with the MTDB or the NCTD for the transfer
and consolidation of any or all functions, personnel, and funding of
either agency, except those functions set forth in Section 132354.5,
to the consolidated agency on terms and conditions as may be
mutually agreed upon.
(e) The MTDB and the NCTD shall continue to be a claimant,
applicant, and grantee of local, state, and federal grants until the
transfer and consolidation of functions or responsibilities to the
consolidated agency pursuant to a transition plan at which time the
consolidated agency shall become the claimant, applicant, and grantee
for these funds. Except for funds which are transferred to the
consolidated agency pursuant to a transition plan, the MTDB and the
NCTD shall continue to receive funding pursuant to Article 4
(commencing with Section 99260) and Article 4.5 (commencing with
Section 99275) of the Transportation Development Act in Chapter 4 of
Part 11 of Division 10 and the State Transportation Assistance Fund
in accordance with state law. Except for funds which are transferred
to the consolidated agency pursuant to a transition plan, the MTDB
and the NCTD shall continue to receive the Federal Section 5307
Urbanized Area Formula funds pursuant to federal statute. These funds
should be allocated in a manner which will help enable the transit
boards to meet their obligations and responsibilities recognizing the
methodology and historic funding levels that have previously guided
these funding decisions. The consolidated agency shall conduct a
periodic review of the allocation and methodology for all
formula-based funding.
(f) The consolidated agency and the MTDB and the NCTD shall work
together to obtain funds for transit projects and services.
(g) It is the intent of the Legislature that future consolidation
of transit operations of the MTDB and the NCTD into the consolidated
agency should be comprehensively evaluated by the consolidated
agency. This consolidation shall be referred to as a complete
consolidation and shall be implemented only if it is considered to be
appropriate by the consolidated agency and approved by a statute
enacted by the Legislature.
132353.3. In the event of complete consolidation of MTDB with the
consolidated agency, any corporation that is a wholly owned
subsidiary of MTDB shall become a subsidiary of the consolidated
agency.
132353.4. Upon the transfer of responsibilities and obligations
from the consolidated entities into the consolidated agency, the
consolidated agency, shall by operation of law, and in accordance
with transition plans, succeed to all of the rights and obligations
of the consolidated entities, including MTDB and NCTD, which enable
the consolidated agency to perform the responsibility and obligations
transferred, as provided in this section. This shall include, but
not be limited to:
(a) The rights and property of the consolidated entities,
including MTDB and NCTD, pertaining to the responsibilities and
obligations transferred.
(b) The legally enforceable debts and liabilities of the
consolidated entities, including MTDB and NCTD, pertaining to the
responsibilities and obligations transferred in the same manner as if
the consolidated agency had itself incurred them.
(c) The rights of creditors and all liens upon the property of the
consolidated entities or of their responsibilities shall be
preserved unimpaired, limited in lien to the property affected by the
liens immediately prior to the transfer of related responsibilities
and obligations.
(d) An action or proceeding pending by or against a consolidated
entity, including MTDB and NCTD, may be prosecuted to judgment, and
the judgment shall be binding on the consolidated agency, or the
consolidated agency may be proceeded against or substituted in the
place of a consolidated entity, if the action or proceeding pertains
to a transferred responsibility or obligation.
(e) In order to protect the holders of outstanding, unmatured
bonds and other evidences of indebtedness of the consolidated
entities, including MTDB and NCTD pertaining to the responsibilities
and obligations transferred, the consolidated agency shall have the
power to take all actions and do all things necessary or required for
the protection of those holders and for compliance with the terms of
those bonds and other evidences of indebtedness. The consolidated
agency shall have the power to continue all services that the
consolidated entities, including MTDB and NCTD are furnishing
pertaining to the responsibilities and obligations transferred on the
date of the transfer.
