99230-99251
PUBLIC UTILITIES CODE
SECTION 99230-99251
99230. The designated transportation planning agency shall, from an
analysis and evaluation of the total amount anticipated to be
available in the local transportation fund and the relative needs of
each claimant for the purposes for which the fund is intended, and
consistent with the provisions of this chapter, annually determine
the amount to be allocated to each claimant.
99231. All operators and city or county governments with
responsibility for providing municipal services to a given area
collectively may file claims for only those moneys that represent
that area's apportionment.
The term "apportionment" has reference to that proportion of the
total annual revenue anticipated to be received in the fund that the
population of the area bears to the total population of the county.
The term "area" means:
(a) With reference to a transit district, the entire area stated
in its enabling legislation or franchise, excluding cities therein
which have retained the right to join the district at a later time.
(b) With reference to a transit development board, the entire area
stated in its enabling legislation, including the municipalities
therein which operated bus systems prior to the creation of the board
and subsequently conveyed those systems to the board.
(c) With reference to a county government, the unincorporated area
of the county.
(d) With reference to a city government, the corporate area of the
city.
(e) With reference to the City and County of San Francisco and the
Counties of Alameda and Contra Costa, the unincorporated area
thereof (and with reference to a city in those counties, the
corporate area of the city) which is outside the area of the
Alameda-Contra Costa Transit District and which is not receiving
adequate local public transportation services, as determined by the
Metropolitan Transportation Commission pursuant to subdivision (b) of
Section 99207.
(f) Where a transit district, a transit development board, or a
county or city, provides public transportation services beyond its
boundaries, its area, for purposes of this section, shall also
include:
(1) All of that area within one-half mile of any route which
extends beyond its boundaries.
(2) All of the corporate area of a city to which it provides those
services pursuant to contract or prior express authority of the
secretary.
The transportation planning agency may rely, in its determination
of populations, on estimates which are used by the Controller for
distributing money to cities under Section 2107 of the Streets and
Highways Code and to counties under Section 11005 of the Revenue and
Taxation Code, and may contract with the Department of Finance or
other appropriate state agency for an annual determination of those
population estimates as may be necessary.
(g) With reference to the County of Riverside, the area within the
jurisdiction of the transit operator established by the joint
exercise of powers of one or more cities and the County of Riverside.
The area within the jurisdiction of the transit operator shall be as
it existed on January 1, 1981, as determined by the Riverside County
Transportation Commission.
(h) With reference to the County of San Bernardino, the area
within the jurisdiction of the transit operator established by the
joint exercise of powers of one or more cities, including the most
populous city, and the County of San Bernardino. The area within the
jurisdiction of the transit operator shall be as it existed on
January 1, 1985, as determined by the San Bernardino County
Transportation Commission.
(i) With reference to the County of Monterey, the area including
the Correctional Training Facility-Soledad even if annexed by the
City of Soledad.
(j) With reference to the County of Del Norte, the area including
the Pelican Bay State Prison, even if annexed by the City of Crescent
City.
(k) With reference to the County of Imperial, the area including
the Calipatria State Prison, even if annexed by the City of
Calipatria.
(l) With reference to the County of Lassen, the area including the
California Correctional Center, even if annexed by the City of
Susanville.
(m) With reference to the County of Riverside, the area including
the Chuckawalla Valley State Prison, even if annexed by the City of
Blythe.
(n) With reference to the County of Imperial, the area including
the California State Prison-Imperial County (South), even if annexed
by either the City of El Centro or the City of Imperial.
(o) With reference to the County of Madera, the area including the
Central California Women's Facility and the Valley State Prison for
Women, even if annexed by the City of Chowchilla.
99231.2. Except in the County of Los Angeles, the transportation
planning agency, notwithstanding Section 99231, may approve the claim
filed for an unincorporated area by an operator which is serving
that area pursuant to a contract with the county, even though the
amount of the claim exceeds the apportionment for the area, if the
amount is approved by the county.
99232. For counties with a population of 500,000 or more, as
determined by the 1970 federal decennial census, but excluding
counties with more than 4,500 miles of maintained county roads as of
1970, the amount representing the apportionments of the areas of all
operators shall be available solely for claims for Section 99234
purposes and for Article 4 (commencing with Section 99260) and
Article 4.5 (commencing with Section 99275) purposes, and any of
those moneys not allocated in any year shall be available for those
claims in subsequent years.
99232.1. (a) Notwithstanding Section 99232, for each county with a
population of less than 500,000 as of the 1970 federal decennial
census, but with a population of 500,000 or more as of the 2000
federal decennial census, or a county whose population is 500,000 or
more at a subsequent decennial census, the apportionment to the areas
within the urbanized areas of the county, as defined for purposes of
the 2000 federal decennial census and each census thereafter, shall
be available solely for claims for Article 4 (commencing with Section
99260) and Article 4.5 (commencing with Section 99275) purposes. In
a county subject to this section, the apportionment for areas outside
of the urbanized area of the county may be used for claims for
Article 4 (commencing with Section 99260), Article 4.5 (commencing
with Section 99275), and Article 8 (commencing with Section 99400)
purposes, providing that allocations under Article 8 (commencing with
Section 99400) shall be subject to the unmet needs process as
prescribed by Section 99401.5.
(b) The apportionment attributable to the unincorporated area
within an urbanized area shall be determined by the proportion that
the urbanized area's unincorporated area population bears to the
total unincorporated population times the total apportionment
attributable to the unincorporated area.
(c) For a county that is subject to this section, this section
shall not apply to that county until July 1, 2014.
99232.2. (a) Notwithstanding Section 99232.1, a city with a
population of 100,000 or fewer within an urbanized area in a county
subject to Section 99232.1 is not required to expend all of its
apportionment for Article 4 (commencing with Section 99260) and
Article 4.5 (commencing with Section 99275) purposes.
(b) The population of cities within an urbanized area shall be
based on the city and county population estimates published annually
by the Department of Finance.
(c) Nothing in this section shall preclude a city with a
population of 100,000 or fewer within an urbanized area in a county
subject to Section 99232.1 from expending all of its apportionment
for Article 4 (commencing with Section 99260) and Article 4.5
(commencing with Section 99275) purposes.
(d) This section shall become operative on July 1, 2014.
99232.3. Sections 99232.1 and 99232.2 shall not apply to Ventura
County. The Ventura County Transportation Commission may submit to
the Senate Committee on Transportation and Housing and the Assembly
Committee on Transportation a report analyzing options for organizing
public mass transportation services in the county, for the
expenditure of revenues deposited in the local transportation fund,
and a recommended legislative proposal for implementing the plan by
December 31, 2011. If the legislative proposal is not enacted by the
end of the 2011-12 Regular Session of the Legislature, revenues
deposited in the local transportation fund in that county shall be
available for the fiscal year beginning on July 1, 2014, and each
fiscal year thereafter, solely for claims for Article 4 (commencing
with Section 99260) and Article 4.5 (commencing with Section 99275)
purposes.
99232.4. (a) Notwithstanding Section 99231, and subject to
subdivision (a) of Section 99232.5, the apportionment area for the
Sacramento Regional Transit District includes all of the incorporated
and unincorporated area of the County of Sacramento, excluding
cities in the county that have retained the right to join the
district at a later time. However, the apportionment restriction in
Section 99232 only applies to the area of the Sacramento Regional
Transit District described in subdivision (a) of Section 99231.
(b) (1) The Sacramento Regional Transit District may file a claim
under Article 8 (commencing with Section 99400), but not under
Article 4 (commencing with Section 99260), for the apportionment not
subject to Section 99232 and subdivision (a) of Section 99232.5.
(2) The County of Sacramento may also file a claim under Article 8
(commencing with Section 99400) for the apportionment not subject to
the restriction in Section 99232. However, a claim for the purposes
of subdivision (a) of Section 99400 shall not be approved unless it
is determined by the Sacramento Area Council of Governments, at a
public hearing for which 15 days' notice has been given pursuant to
Section 6061 of the Government Code, that there are no unmet transit
needs, as defined in Section 99401.5, within the area of the
Sacramento Regional Transit District described under subdivision (a)
of Section 99231.
(c) This section shall become operative on July 1, 1994.
99232.5. (a) Notwithstanding Section 99232, cities within the
County of Sacramento which are outside the activated boundaries of
the Sacramento Regional Transit District, but which provide transit
service or which contract with the district for transit service, may
also file claims under Article 8 (commencing with Section 99400) if
it is determined by the Sacramento Area Council of Governments, at a
public hearing for which 15 days' notice has been given pursuant to
Section 6061 of the Government Code, that the transit needs of these
cities can be met with use of an amount less than the total
apportionment of these cities.
(b) With respect to such a city, not less than 25 percent of its
apportionment shall be allocated for Article 4 (commencing with
Section 99260) purposes.
99232.6. Notwithstanding Section 99232, the County of San Diego may
also file claims under Article 8 (commencing with Section 99400) for
an unincorporated area not served by the San Diego Metropolitan
Transit Development Board or the North San Diego County Transit
Development Board if all of the following conditions are met:
(a) The San Diego Association of Governments, at a public hearing
for which 15 days' notice has been given pursuant to Section 6061 of
the Government Code, finds that the transit needs of that
unincorporated area can be met by using an amount less than the
apportionment for that unincorporated area.
(b) The county board of supervisors concurs in that finding.
(c) An equal amount from the apportionment for the unincorporated
area served by the San Diego Metropolitan Transit Development Board
has been claimed for transit capital projects that are mutually
agreed upon by the county and San Diego Metropolitan Transit
Development Board.
A claim for a transit capital project pursuant to subdivision (c)
may be made by the county or the San Diego Metropolitan Transit
Development Board, or jointly, as specified by mutual agreement.
99233. Except as provided in Section 99233.11, the fund shall be
allocated by the designated transportation planning agency for the
purposes specified in Sections 99233.1 to 99233.9, inclusive, in the
sequence provided in those sections.
99233.1. There shall be allocated to the county and the
transportation planning agency such sums as are necessary to
administer this chapter.
99233.2. (a) Except as provided in subdivisions (b) and (c), there
shall be allocated to the transportation planning agency, if it is
statutorily created, such sums as it may approve, up to 3 percent of
annual revenues, for the conduct of the transportation planning and
programming process, unless a greater amount is approved by the
director.
(b) (1) In those areas that have a county transportation
commission created pursuant to Section 130050, up to 1 percent of
annual revenues shall be allocated to the commission in Los Angeles
County, and up to 3 percent of the annual revenues shall be allocated
to the commissions in Orange, Riverside, and San Bernardino Counties
for the transportation planning and programming process. Of the
funds allocated to the commission in Riverside County, one-half shall
be allocated for planning studies within the Western Riverside
County and the Coachella Valley areas, as determined by the
commission.
(2) In the area of the multicounty designated transportation
planning agency, as defined in Section 130004, up to three-fourths of
1 percent of annual revenues, but not more than one million dollars
($1,000,000) per year, shall be allocated by the appropriate
entities, proportionately, on or before each July 1, to the
multicounty designated transportation planning agency for the
transportation planning and programming process. No operator shall
grant any funds it receives under this chapter to the designated
multicounty transportation planning agency for purposes of the agency
carrying out its responsibilities under Division 12 (commencing with
Section 130000).
(c) In Ventura County, up to 2 percent of the annual revenues
shall be allocated to the Ventura County Transportation Commission
for the transportation planning and programming process.
(d) This section shall be repealed on July 1, 2011.
99233.2. (a) Except as provided in subdivisions (b) and (c), there
shall be allocated to the transportation planning agency, if it is
statutorily created, such sums as it may approve, up to 3 percent of
annual revenues, for the conduct of the transportation planning and
programming process, unless a greater amount is approved by the
director.
(b) (1) In those areas that have a county transportation
commission created pursuant to Section 130050, up to 1 percent of
annual revenues shall be allocated to the commission in Los Angeles
County, and up to 3 percent of the annual revenues shall be allocated
to the commissions in Orange, Riverside, and San Bernardino Counties
for the transportation planning and programming process. Of the
funds allocated to the commission in Riverside County, one-half shall
be allocated for planning studies within the Western Riverside
County and the Coachella Valley areas, as determined by the
commission.
(2) In the area of the multicounty designated transportation
planning agency, as defined in Section 130004, up to three-fourths of
1 percent of annual revenues shall be allocated by the appropriate
entities, proportionately, on or before each July 1, to the
multicounty designated transportation planning agency for the
transportation planning and programming process. No operator shall
grant any funds it receives under this chapter to the designated
multicounty transportation planning agency for purposes of the agency
carrying out its responsibilities under Division 12 (commencing with
Section 130000).
(c) In Ventura County, up to 2 percent of the annual revenues
shall be allocated to the Ventura County Transportation Commission
for the transportation planning and programming process.
(d) This section shall become operative on July 1, 2011.
99233.3. Two percent of the remaining money in the fund shall be
made available to counties and cities for facilities provided for the
exclusive use of pedestrians and bicycles unless the transportation
planning agency finds that the money could be used to better
advantage for the purposes stated in Article 4 (commencing with
Section 99260) and Article 4.5 (commencing with Section 99275), or
for local street and road purposes in those areas where the money may
be expended for such purposes, in the development of a balanced
transportation system. Of the amount made available to a city or
county pursuant to this section, 5 percent thereof may be expended to
supplement moneys from other sources to fund bicycle safety
education programs, but shall not be used to fully fund the salary of
any one person.
99233.4. Allocations shall be made for rail passenger service
operations and capital improvements pursuant to Section 99234.5,
99234.7, or 99234.9.
99233.5. Up to 10 percent of the remaining money for the area under
the jurisdiction of a transit development board created pursuant to
Division 11 (commencing with Section 120000) shall be allocated to
the transit development board and the transportation planning agency
to carry out administrative and planning powers, duties, and
functions and construction and acquisition programs in accordance
with Article 4 (commencing with Section 132353) of Chapter 3 of
Division 12.7.
Thereafter, the remaining money for allocation in that area shall
be allocated by the transportation planning agency to claimants.
99233.7. Up to 5 percent of the remaining money in the fund shall
be made available to cities, counties, and operators for claims filed
pursuant to Article 4. 5 (commencing with Section 99275) in those
areas where claims may not be filed for those purposes specified in
Article 8 (commencing with Section 99400), and may be made available
to consolidated transportation service agencies, unless the
transportation planning agency, or a county transportation commission
created pursuant to Division 12 (commencing with Section 130000),
having jurisdiction finds, after considering the claims pursuant to
subdivision (c) of Section 99275.5, that the allocations of money
could be used to better advantage for the purposes stated in Article
4 (commencing with Section 99260) in the development of a balanced
transportation system.
The money may be allocated without respect to Section 99231 and
shall not be included in determining the apportionment to a city or
county for purposes of Sections 99233.8 and 99233.9.
99233.8. There shall be allocated to operators such money as is
approved by the transportation planning agency for claims presented
pursuant to Article 4 (commencing with Section 99260) of this
chapter.
99233.9. There shall be allocated to counties and cities such money
as is approved by the transportation planning agency for claims
presented pursuant to Article 8 (commencing with Section 99400) of
this chapter.
99233.10. Notwithstanding Section 99233.7, funds made available in
the County of Santa Barbara for claims filed pursuant to Article 4.5
(commencing with Section 99275) may be included in determining the
apportionment to a city, county, or operator for purposes of Sections
99233.8 and 99233.9.
99233.11. Funds made available to the County of Stanislaus and the
cities in that county shall be allocated in the following order:
(a) To the Stanislaus Area Association of Governments, the County
of Stanislaus, and the cities in that county, an amount deemed
necessary for the administration of this chapter.
(b) To the Stanislaus Area Association of Governments, an amount
approved by that association, but not more than 3 percent of annual
revenues, to conduct the transportation planning and programming
process, unless a greater amount is approved by the director.
(c) To pedestrian and bicycle facilities, not more than 2 percent
of the funds remaining, in accordance with Section 99233.3.
(d) To the Stanislaus Area Association of Governments, an amount
deemed necessary for intracity, intercity, and interregional transit
services and rail passenger services, when a claim is filed under
Section 99234.9, Article 4 (commencing with Section 99260), or
Article 8 (commencing with Section 99400), consistent with the
cost-sharing criteria approved by the association. Apportionments and
allocations from those funds made by the association to the county
and the cities in the county also shall be in accordance with the
cost-sharing criteria approved by the association.
99233.12. Notwithstanding anything in Sections 99233 to 99233.9,
inclusive, to the contrary, the Solano Transportation Authority may
file a claim, and the transportation planning agency may allocate,
for the area representing the cumulative areas of the authority's
member agencies, up to 2 percent of annual revenues for countywide
transit planning and coordination purposes relative to Solano County.
Funds allocated to the authority pursuant to this section shall be
allocated after allocations are made pursuant to Sections 99233.1 and
99233.2 but prior to other allocations.
99234. (a) Claims for facilities provided for the exclusive use of
pedestrians and bicycles or for bicycle safety education programs
shall be filed according to the rules and regulations adopted by the
transportation planning agency.
(b) The money shall be allocated for the construction, including
related engineering expenses, of those facilities pursuant to
procedures or criteria established by the transportation planning
agency for the area within its jurisdiction, or for bicycle safety
education programs.
(c) The money may be allocated for the maintenance of bicycling
trails that are closed to motorized traffic pursuant to procedures or
criteria established by the transportation planning agency for the
area within its jurisdiction.
(d) The money may be allocated without respect to Section 99231
and shall not be included in determining the apportionments to a city
or county for purposes of Sections 99233.7 to 99233.9, inclusive.
(e) Facilities provided for the use of bicycles may include
projects that serve the needs of commuting bicyclists, including, but
not limited to, new trails serving major transportation corridors,
secure bicycle parking at employment centers, park and ride lots, and
transit terminals where other funds are unavailable.
(f) Notwithstanding any other provision of this section, a
planning agency established in Title 7.1 (commencing with Section
66500) of the Government Code may allocate the money to the
Association of Bay Area Governments for activities required by
Chapter 11 (commencing with Section 5850) of Division 5 of the Public
Resources Code.
(g) Notwithstanding any other provision of this section, the
transportation planning agencies that allocate funds, pursuant to
this section, to the cities and counties with jurisdiction or a
sphere of influence within the delta, as defined in Section 5852 of
the Public Resources Code, may allocate the money to the Delta
Protection Commission for activities required by Chapter 12
(commencing with Section 5852) of Division 5 of the Public Resources
Code.
(h) Within 30 days after receiving a request for a review from
any city or county, the transportation planning agency shall review
its allocations made pursuant to Section 99233.3.
(i) In addition to the purposes authorized in this section, a
portion of the amount available to a city or county pursuant to
Section 99233.3 may be allocated to develop a comprehensive bicycle
and pedestrian facilities plan, with an emphasis on bicycle projects
intended to accommodate bicycle commuters rather than recreational
bicycle users. An allocation under this subdivision may not be made
more than once every five years.
(j) Up to 20 percent of the amount available each year to a city
or county pursuant to Section 99233.3 may be allocated to restripe
class II bicycle lanes.
99234.1. Notwithstanding any other provision of this article or
Article 4 (commencing with Section 99260), the Orange County
Transportation Commission may allocate funds from either the Orange
County Unified Transportation Trust, as defined in Section 99301.6,
or from the principal upon which the interest is accruing to the
Department of Transportation for construction of high-occupancy
vehicle lanes within freeways in the county. In the event
high-occupancy vehicle lanes constructed with the funds are
subsequently converted to mixed flow use, the local transportation
fund shall be reimbursed through the State Transportation Improvement
Program process the amount of funds provided to the department for
construction of the lanes pursuant to this section.
99234.5. (a) The Counties of San Bernardino, Riverside, and Los
Angeles may enter into a joint powers agreement pursuant to Article 1
(commencing with Section 6500), Chapter 5, Division 7, Title 1 of
the Government Code, and the joint powers entity created pursuant to
such agreement shall in accordance with Section 403 of the Rail
Passenger Service Act of 1970 (45 U.S.C. 563), request the National
Railroad Passenger Corporation to institute up to two additional
trains a day in each direction between Los Angeles and San Bernardino
to supplement the present level of service. The joint powers entity
may request institution of more than two additional trains a day in
each direction between Los Angeles and San Bernardino. Contributions
shall be made from the fund of each of the three counties, as agreed
by them, to the joint powers entity, as may be required by the
National Railroad Passenger Corporation to meet a reasonable portion
of any losses associated with such service. The joint powers entity
may request that the additional trains shall be operated, to the
extent practicable, during periods of peak traffic.
(b) If the funds available under this chapter are insufficient for
purposes of subdivision (a), the board of supervisors of any one of
the three counties may make contributions to the joint powers entity
from any funds available to it.
99234.7. (a) The Department of Transportation may negotiate and
contract with the appropriate railroad corporation to provide
passenger rail service between the City and County of San Francisco
and the Counties of San Mateo and Santa Clara. In the process of
negotiating the contract, the department shall take into
consideration the funding available and the level of service as it
has been recommended by the Metropolitan Transportation Commission.
Notwithstanding Section 14035 of the Government Code, the contract
shall not extend beyond June 30, 1993. The California Transportation
Commission shall allocate no funds pursuant to Section 14031.6 of the
Government Code for this rail passenger service after the 1992-93
fiscal year. If the department enters into a contract, it shall, on
or before July 1, 1992, assign the contract to the Peninsula Corridor
Study Joint Powers Board or to another local or regional agency
designated by the board which is authorized to operate or contract
for the operation of rail passenger service, if the board or
designated agency determines that the rail passenger service shall be
continued. The department shall assign its operating subsidies for
the 1992-93 fiscal year for that service to the board or that
designated agency. Within the area of jurisdiction of the board, the
board or that designated agency may acquire from the department all
property owned or leased by the department for that rail passenger
service, including, but not limited to, stations, facilities,
equipment, and rights-of-way, and this transfer shall be consistent
with the process defined in Section 160006. The California
Transportation Commission shall not allocate state funds to purchase
the San Francisco Peninsula commuter rail service right-of-way unless
a local agency assumes operation and control of the commuter rail
service on or before June 30, 1993. This section does not prohibit
the commission from making a multiyear funding commitment to purchase
the right-of-way subject to that assumption of operation and control
occurring on or before that date.
(b) Notwithstanding subdivision (a), a transit district or county
may negotiate and contract with the appropriate railroad corporation
to provide passenger rail service which is to be primarily operated
within its jurisdiction. Adjacent transit districts or counties may
jointly negotiate and contract with the appropriate railroad
corporation to provide passenger rail service which is to be
primarily operated within their jurisdictions.
99234.9. Any county, city, county transportation commission, or
operator may file claims with the transportation planning agency for
rail passenger service operation expenditures and capital improvement
expenditures, including construction and maintenance of intermodal
transportation facilities. These funds may be used as the entity's
required contribution toward the cost of providing these services or
capital improvements.
99235. Upon having determined the allocation of each claimant on
the fund, the transportation planning agency shall convey such
information to each claimant and the county auditor, together with
one allocation instruction for each claimant advising the author as
to the time and the nature of payment.
Such instruction may call for a single payment, for payment as
moneys become available, or for payment by installments monthly,
quarterly, or otherwise. The allocation and instruction may be
rescinded and revised by the transportation planning agency only
under one of the following circumstances:
(a) An appeal has been filed.
(b) The claimant is found to be spending, or unless enjoined to be
about to spend, moneys otherwise than in accordance with the terms
of the allocation.
(c) An adjustment is proved to be necessary to reconcile the
estimates on which the allocation was based with the actual figures
when these are available.
(d) The financial needs of the claimant differ from those at the
time of the allocation due to changed circumstances.
99236. No funds from the fund shall be budgeted, allocated, or
expended for any project which calls for any change in passenger
train stations or loading platforms used by the National Railroad
Passenger Corporation, unless the change has been submitted to the
National Railroad Passenger Corporation for review and comment which
may include a recommendation for a modification in the change. If the
agency submitting the change elects not to accept the recommendation
of the National Railroad Passenger Corporation, it shall submit the
matter to the director who shall determine whether the disputed
recommendation for a modification in the change shall be followed by
the agency.
99238. Each transportation planning agency shall provide for the
establishment of a social services transportation advisory council
for each county, or counties operating under a joint powers
agreement, which is not subject to the apportionment restriction
established in Section 99232.
(a) The social services transportation advisory council shall
consist of the following members:
(1) One representative of potential transit users who is 60 years
of age or older.
(2) One representative of potential transit users who is
handicapped.
(3) Two representatives of the local social service providers for
seniors, including one representative of a social service
transportation provider, if one exists.
(4) Two representatives of local social service providers for the
handicapped, including one representative of a social service
transportation provider, if one exists.
(5) One representative of a local social service provider for
persons of limited means.
(6) Two representatives from the local consolidated transportation
service agency, designated pursuant to subdivision (a) of Section
15975 of the Government Code, if one exists, including one
representative from an operator, if one exists.
(7) The transportation planning agency may appoint additional
members in accordance with the procedure prescribed in subdivision
(b).
(b) Members of the social services transportation advisory council
shall be appointed by the transportation planning agency which shall
recruit candidates for appointment from a broad representation of
social service and transit providers representing the elderly, the
handicapped, and persons of limited means. In appointing council
members, the transportation planning agency shall strive to attain
geographic and minority representation among council members. Of the
initial appointments to the council, one-third of them shall be for a
one-year term, one-third shall be for a two-year term, and one-third
shall be for a three-year term. Subsequent to the initial
appointment, the term of appointment shall be for three years, which
may be renewed for an additional three-year term. The transportation
planning agency may, at its discretion, delegate its responsibilities
for appointment pursuant to this subdivision to the board of
supervisors.
(c) The social services transportation advisory council shall have
the following responsibilities:
(1) Annually participate in the identification of transit needs in
the jurisdiction, including unmet transit needs that may exist
within the jurisdiction of the council and that may be reasonable to
meet by establishing or contracting for new public transportation or
specialized transportation services or by expanding existing
services.
(2) Annually review and recommend action by the transportation
planning agency for the area within the jurisdiction of the council
which finds, by resolution, that (A) there are no unmet transit
needs, (B) there are no unmet transit needs that are reasonable to
meet, or (C) there are unmet transit needs, including needs that are
reasonable to meet.
(3) Advise the transportation planning agency on any other major
transit issues, including the coordination and consolidation of
specialized transportation services.
(d) It is the intent of the Legislature that duplicative advisory
councils shall not be established where transit advisory councils
currently exist and that those existing advisory councils shall,
instead, become part of the social services transportation advisory
council and shall assume any new responsibilities pursuant to this
section.
99238.5. (a) The transportation planning agency shall ensure the
establishment and implementation of a citizen participation process
appropriate for each county, or counties if operating under a joint
powers agreement, utilizing the social services transportation
advisory council as a mechanism to solicit the input of transit
dependent and transit disadvantaged persons, including the elderly,
handicapped, and persons of limited means. The process shall include
provisions for at least one public hearing in the jurisdiction
represented by the social services transportation advisory council.
Hearings shall be scheduled to ensure broad community participation
and, if possible, the location of the hearings shall be rotated among
the various communities within the advisory council's jurisdiction.
Notice of the hearing, including the date, place, and specific
purpose of the hearing shall be given at least 30 days in advance
through publication in a newspaper of general circulation. The
transportation planning agency shall also send written notification
to those persons and organizations which have indicated, through its
citizen participation or any other source of information, an interest
in the subject of the hearing.
(b) In addition to public hearings, the transportation planning
agency shall consider other methods of obtaining public feedback on
public transportation needs. Those methods may include, but are not
limited to, teleconferencing, questionnaires, telecanvassing, and
electronic mail.
99241. (a) Except for allocations made for purposes of Section
99234 and subdivision (a) of Section 99400, which shall be subject to
the rules and regulations adopted by the transportation planning
agency, all matters necessary and convenient to the implementation of
this chapter shall be subject to rules and regulations, consistent
with statute, adopted by the department, with the advice and consent
of the commission, and those rules and regulations may be revised
from time to time.
(b) The rules and regulations shall specify the procedures by
which evaluation and review by the transportation planning agency of
public transportation claims shall be accomplished, and shall require
submission of corresponding budgets or financial plans, certified
financial statements, and other information required in connection
therewith. The rules and regulations shall provide for the orderly
and periodic distribution of moneys in the fund so that the areas
served by the operator will be provided public transportation
services on a continuing basis and so that there will be an orderly
improvement and maintenance of the system of the operator. The rules
and regulations shall provide for the approval of sufficient moneys
from the fund to accomplish the intent of the Legislature as
expressed in the findings and declarations in Section 99220.
(c) The rules and regulations may require that the transportation
planning agency, in reviewing claims, give due consideration to the
level of the operator's passenger fares and charges, the efficiency
of the operator's operations and operating policies and practices,
the extent to which the operator is meeting the transportation needs
of the area served, and the extent to which the operator is making
full use of other available revenues and funds, including federal
transportation grants.
(d) The Controller shall annually review the rules and regulations
adopted by the department with respect to reporting and auditing
procedures and shall make written recommendations for revisions to
the department. After consultation with the Controller, the director
shall undertake to amend the rules and regulations in accordance with
the recommendations.
(e) Rules and regulations adopted by the department with respect
to reporting and auditing procedures shall apply to all expenditures
of funds allocated pursuant to this chapter.
This section shall become operative on July 1, 1987.
99241.5. All rules and regulations adopted by the Secretary of the
Business, Transportation and Housing Agency pursuant to Section
99241, as it read prior to its amendment by the act adding this
section, and in effect on January 1, 1985, shall remain in effect and
shall be fully enforceable unless and until amended or repealed by
the department.
99242. In the event that a claimant is not satisfied with his
approved claim or other action taken by the transportation planning
agency, a notification with supporting documentation may be filed
with the secretary, who shall conduct an investigation and evaluation
of the disagreement between the claimant and the transportation
planning agency. The secretary shall notify the involved parties of
his findings, which shall be a final settlement of the issue.
99243. (a) The Controller, in cooperation with the department and
the operators, shall design and adopt a uniform system of accounts
and records, from which the operators shall prepare and submit annual
reports of their operation to the transportation planning agencies
having jurisdiction over them and to the Controller within 90 days of
the end of the fiscal year. If the report is filed in electronic
format as prescribed by the Controller, the report shall be furnished
within 110 days after the close of each fiscal year. The report
shall specify (1) the amount of revenue generated from each source
and its application for the prior fiscal year and (2) the data
necessary to determine which section, with respect to Sections
99268.1, 99268.2, 99268.3, 99268.4, 99268.5, and 99268.9, the
operator is required to be in compliance with in order to be eligible
for funds under this article.
(b) As a supplement to the annual report prepared pursuant to
subdivision (a), each operator shall include an estimate of the
amount of revenues to be generated from each source and its proposed
application for the next fiscal year, and a report on the extent to
which it has contracted with the Prison Industry Authority, including
the nature and dollar amounts of all contracts entered into during
the reporting period and proposed for the next reporting period.
(c) The Controller shall instruct the county auditor to withhold
payments from the fund to an operator that has not submitted its
annual report to the Controller within the time specified by
subdivision (a).
(d) In establishing the uniform system of accounts and records,
the Controller shall include the data required by the United States
Department of Transportation and the department.
(e) Notwithstanding any other law or any regulation, including any
California Code of Regulations provision, the City of South Lake
Tahoe and the City of Huntington Beach may select, for purposes of
this chapter, on a one-time basis, a fiscal year that does not end on
June 30. After the city has sent a written notice to the Secretary
of Business, Transportation and Housing and the Controller that the
city has selected a fiscal year other than one ending on June 30, the
fiscal year selected by the city shall be its fiscal year for all
reports required by the state under this chapter.
99243.5. On the basis of data in the annual reports submitted
pursuant to Section 99243 and the information submitted pursuant to
Section 99406 to the Controller, the Controller shall submit, within
three months of receiving such data and information, an annual report
to the Legislature on the revenues available and expenditures made
under this chapter.
The Controller shall take such steps as he deems necessary to
insure that such data and information submitted are adequate and
accurate.
99244. Each transportation planning agency shall annually identify,
analyze, and recommend potential productivity improvements which
could lower the operating costs of those operators who operate at
least 50 percent of their vehicle service miles, as defined in
subdivision (i) of Section 99247, within the area under its
jurisdiction. However, where a transit development board created
pursuant to Division 11 (commencing with Section 120000) or a county
transportation commission exists, the board or commission, as the
case may be, shall have the responsibility of the transportation
planning agency with respect to potential productivity improvements.
The recommendations for improvements and productivity shall include,
but not be limited to, those recommendations related to productivity
made in the performance audit conducted pursuant to Section 99246.
A committee for the purpose of providing advice on productivity
improvements may be formed by the responsible entity. The membership
of this committee shall consist of representatives from the
management of the operators, organizations of employees of the
operators, and users of the transportation services of the operators
located within the area under the jurisdiction of the responsible
entity.
Prior to determining the allocation to an operator for the next
fiscal year, the responsible entity shall review and evaluate the
efforts made by the operator to implement such recommended
improvements.
If the responsible entity determines that the operator has not
made a reasonable effort to implement the recommended improvements,
the responsible entity shall not approve the allocation to the
operator for the support of its public transportation system for the
next fiscal year which exceeds the allocation to the operator for
such purposes for the current fiscal year.
99245. Each transportation planning agency, transit development
board created pursuant to Division 11 (commencing with Section
120000), and county transportation commission shall be responsible to
ensure that all claimants to whom it directs the allocation of funds
pursuant to this chapter shall submit to it an annual certified
fiscal audit conducted by an entity other than the claimant.
A report on the audit shall be submitted to the transportation
planning agency, transit development board, county transportation
commission, and to the Controller within 180 days after the end of
the fiscal year. However, the responsible entity may grant an
extension of up to 90 days as it deems necessary. The report shall
include a certification that the funds allocated to the claimant
pursuant to this chapter were expended in conformance with applicable
laws and rules and regulations. Except for the first report, the
report shall also include the audited amounts for the fiscal year
prior to the fiscal year audited.
99245.2. (a) A transit district or other provider of public
transportation services subject to an audit pursuant to Section
99245, that receives funds from other sources which also require a
fiscal audit, may expand the scope of its audit performed pursuant to
Section 99245 to include the conditions and purposes of those other
funds.
(b) A transportation planning agency, transit development board,
county transportation commission, air quality management district,
air pollution control district, or local transportation authority
shall not require any additional fiscal audit of an entity if that
entity has completed an expanded audit pursuant to subdivision (a)
that encompasses the scope, time period, and funding condition of the
agency providing funding.
99246. (a) The transportation planning agency shall designate
entities other than itself, a county transportation commission, a
transit development board, or an operator to make a performance audit
of its activities and the activities of each operator to whom it
allocates funds. The transportation planning agency shall consult
with the entity to be audited prior to designating the entity to make
the performance audit.
Where a transit development board created pursuant to Division 11
(commencing with Section 120000) or a county transportation
commission exists, the board or commission, as the case may be, shall
designate entities other than itself, a transportation planning
agency, or an operator to make a performance audit of its activities
and those of operators located in the area under its jurisdiction to
whom it directs the allocation of funds. The board or commission
shall consult with the entity to be audited prior to designating the
entity to make the performance audit.
(b) The performance audit shall evaluate the efficiency,
effectiveness, and economy of the operation of the entity being
audited and shall be conducted in accordance with the efficiency,
economy, and program results portions of the Comptroller General's
"Standards for Audit of Governmental Organizations, Programs,
Activities, and Functions." Performance audits shall be conducted
triennially pursuant to a schedule established by the transportation
planning agency, transit development board, or county transportation
commission having jurisdiction over the operator.
(c) The performance audit of the transportation planning agency,
county transportation commission, or transit development board shall
be submitted to the director. The transportation planning agency,
county transportation commission, or transit development board, as
the case may be, shall certify in writing to the director that the
performance audit of operators located in the area under its
jurisdiction has been completed.
(d) With respect to an operator providing public transportation
services, the performance audit shall include, but not be limited to,
a verification of the operator's operating cost per passenger,
operating cost per vehicle service hour, passengers per vehicle
service hour, passengers per vehicle service mile, and vehicle
service hours per employee, as defined in Section 99247. The
performance audit shall include, but not be limited to, consideration
of the needs and types of the passengers being served and the
employment of part-time drivers and the contracting with common
carriers of persons operating under a franchise or license to provide
services during peak hours, as defined in subdivision (a) of Section
99260.2.
The performance audit may include performance evaluations both for
the entire system and for the system excluding special, new, or
expanded services instituted to test public transportation service
growth potential.
(e) The performance audit prepared pursuant to this section shall
be made available to the public pursuant to the provisions of the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
99247. For purposes of Section 99246, and as used elsewhere in this
article:
(a) "Operating cost" means all costs in the operating expense
object classes exclusive of the costs in the depreciation and
amortization expense object class of the uniform system of accounts
and records adopted by the Controller pursuant to Section 99243, and
exclusive of all subsidies for commuter rail services operated under
the jurisdiction of the Interstate Commerce Commission and of all
direct costs for providing charter services, and exclusive of all
vehicle lease costs.
(b) "Operating cost per passenger" means the operating cost
divided by the total passengers.
(c) "Operating cost per vehicle service hour" means the operating
cost divided by the vehicle service hours.
(d) "Passengers per vehicle service hour" means the total
passengers divided by the vehicle service hours.
(e) "Passengers per vehicle service mile" means the total
passengers divided by the vehicle service miles.
(f) "Total passengers" means the number of boarding passengers,
whether revenue producing or not, carried by the public
transportation system.
(g) "Transit vehicle" means a vehicle, including, but not limited
to, one operated on rails or tracks, which is used for public
transportation services funded, in whole or in part, under this
chapter.
(h) "Vehicle service hours" means the total number of hours that
each transit vehicle is in revenue service, including layover time.
(i) "Vehicle service miles" means the total number of miles that
each transit vehicle is in revenue service.
(j) "Vehicle service hours per employee" means the vehicle service
hours divided by the number of employees employed in connection with
the public transportation system, based on the assumption that 2,000
person-hours of work in one year constitute one employee. The count
of employees shall also include those individuals employed by the
operator which provide services to the agency of the operator
responsible for the operation of the public transportation system
even though not employed in that agency.
99248. No operator is eligible to receive an allocation under this
chapter for any fiscal year until the transmittal of reports of its
performance audit to the entity which determines the allocation to
the operator and the transportation planning agency for the
three-year period ending one year prior to the beginning of the
fiscal year of the proposed allocation. The transportation planning
agency, county transportation commission, or transit development
board, as the case may be, shall make the reports available to
interested parties.
In conformance with Section 99246, and prior to September 1 of
each fiscal year, the transportation planning agency, county
transportation commission, or metropolitan transit development board,
as the case may be, shall provide to the director and Controller a
schedule of performance audits to be submitted during that fiscal
year and a list of all operators or claimants who operated or
commenced operations during the prior fiscal year.
99249. The cost of making the performance audits may be deemed an
administrative cost of the transportation planning agencies for
purposes of Section 99233.1. However, the Legislature encourages the
use of funds made available by the federal government to support such
purposes.
99250. (a) All charter bus services authorized to be performed by a
public transportation system receiving funding under this chapter
shall contribute financially to the reduction of deficits incurred in
the operation of scheduled route service. In addition, the charter
bus service shall not interfere with regularly scheduled service to
the public or compete unfairly with private operators where the
private operators are willing and able to provide charter bus
service.
(b) Except as provided in subdivision (d), charter bus service
rates and minimums shall be established which are either of the
following:
(1) At least equal to the average of the three lowest current
rates charged by private charter bus carriers actually operating
charters originating in the same service area of the public
transportation system during the prior year.
(2) At least equal to the fully allocated cost of each charter
operated. Fully allocated costs are those costs as approved by the
federal Urban Mass Transportation Administrator pursuant to Section
604.18 of Title 49 of the Code of Federal Regulations. All terms and
conditions, in addition to the base rate, shall be at least equal to
the average of the three lowest current rates charged by private
charter bus carriers actually operating a charter originating in the
same service area of the public transportation system during the
prior year.
(c) All charter bus service rates shall be reviewed and adjusted
not less than semiannually to reflect variations in actual and
assumed costs, as well as private charter bus carrier rates.
(d) If the operator of a public transportation system determines
that there is a public need that cannot otherwise be met, the
operator may provide charter bus services to charitable or public
service organizations at direct cost, not to exceed ten thousand
dollars ($10,000) or a total of 40 charter buses per year, whichever
occurs first.
(e) This section does not apply to charter bus services which are
incidental to the holding of the Olympic Games in Los Angeles during
the period of May 1, 1984, to September 30, 1984, if the public
transportation system establishes charter bus rates for those
services which are sufficient to pay all fully allocated costs
related to those services, which are at least equal to the average of
the lowest rates charged by the three largest private charter party
carriers operating similar service within Los Angeles County, and
which contribute financially to the reduction of deficits incurred by
the system in the operation of scheduled route service.
99250.5. (a) (1) At any publicly noticed meeting of the governing
body of an operator, a representative of a private transportation
service provider may request the operator to perform a cost
comparison analysis of public transit service provided by vehicles
equipped with rubber tires before the governing body acts on a route
restructuring or service addition under consideration. The operator
may agree to perform a cost comparison analysis pursuant to this
section or alternatively, may so agree on the condition that the
private transportation service provider that requested the cost
comparison analysis agrees to pay the operator's actual cost of
conducting the analysis. If the operator agrees to perform the cost
comparison analysis, the private transportation service provider
requesting the cost comparison analysis shall supply any information
necessary and relevant to complete the analysis.
(2) Nothing in this section shall be construed to require
operators to perform a cost comparison analysis. At its sole
discretion, the operator's governing body may elect not to perform a
cost comparison analysis. However, if the governing body determines
not to perform a cost comparison analysis, it shall specify the
reasons for that determination in a resolution adopted at a publicly
noticed meeting.
(b) For purposes of this section, the following terms have the
following meanings:
(1) "Cost comparison analysis" means a study of the route
restructuring or service addition under consideration by the
operator, that compares the cost to the operator of directly
providing those services compared to the cost to the operator of
procuring those services from private entities. The study shall
utilize a full cost allocation method that is consistent with
generally accepted cost allocation principles.
(2) "Route restructuring" means a permanent change in routing that
decreases or increases the total number of daily transit revenue
service miles or hours by 25 percent or more.
(3) "Service addition" means an increase in the total number of
daily transit revenue service miles or hours on an existing route by
50 percent or more.
(c) If the governing body performs a cost comparison analysis
pursuant to this section, the results of the analysis shall be fully
disclosed at a publicly noticed meeting.
(d) This section does not apply to an operator in a county with
less than 300,000 population or who operates less than 10 buses.
(e) The operator may adopt appropriate procedures to implement the
purposes of this section.
99251. No claim submitted by an operator pursuant to this chapter
shall be approved unless it is accompanied by a certification
completed within the last 13 months from the Department of the
California Highway Patrol indicating that the operator is in
compliance with Section 1808.1 of the Vehicle Code. The certification
may be issued following a terminal inspection, or a terminal
reinspection conducted within 60 days thereafter, by the Department
of the California Highway Patrol.