99260. Claims may be filed with the transportation planning agency
by operators under this article for the following purposes:
(a) The support of public transportation systems.
(b) Aid to public transportation research and demonstration
projects.
(c) Contributions for the construction of grade separation
projects specified in Section 99318.3.
99260.2. (a) Claims may be filed with the transportation planning
agency by operators to contract with common carriers of persons
operating under a franchise or license to provide transportation
services during peak hours.
"Peak hours" means the period of time during a day which have a
clearly greater-than-average level of patronage, typically the two
periods of time which reflect the influx of home-work and work-home
patronage on a transportation system.
(b) Claims may be filed with the transportation planning agency by
a transit district to make bulk purchases of passenger tickets for
passenger rail services, if it is authorized to make such purchases
by its enabling legislation.
99260.5. (a) Claims may also be filed with the transportation
planning agency by a city and county or a transit district under this
article for payments to be made to a railroad corporation subject to
the jurisdiction of the Public Utilities Commission and engaged in
the transportation of persons, as defined in Section 208, for
operating losses incurred in such transportation of persons between
points within the city and county or the district, as the case may
be, and for that portion of the operating losses incurred in such
transportation of persons in the city and county or the district, as
the case may be, whose origin or destination, or both, are outside
the city and county or district.
(b) A city and county or a transit district receiving funds under
a claim filed pursuant to subdivision (a) shall use those funds for
the purposes specified in that subdivision.
99260.6. Public agencies authorized to file claims pursuant to
Section 99234.9 may file claims under this article.
99260.7. In order to provide, or to contract to provide,
transportation services using vehicles for the exclusive use of
elderly or handicapped persons, a city or a county, which is
contributing funds it is eligible to receive under this article to a
joint powers agency of which it is a member to operate a public
transportation system, may also file a claim under this article and
may also file a claim for funds made available pursuant to Section
99313.
99261. The transportation planning agency may adopt rules and
regulations supplemental to, and consistent with, those of the
department to further delineate procedures for the submission of
claims and stating criteria by which they will be analyzed and
evaluated.
The criteria may include a statement of intent to disallow any
portion of an operator's claim which calls for moneys to finance
unreasonable or arbitrary increases in executive level salaries based
on consideration of executive level salaries in other public
agencies and in the public transportation industry, both nationally
and within the state.
To the extent necessary to perform its duties under this article,
the transportation planning agency has full access to the books,
records, and accounts of claimant operators.
99261.5. The San Diego Metropolitan Transit Development Board shall
adopt rules and regulations for its area of jurisdiction.
The transportation planning agency may include in its rules and
regulations any rule and regulation of the transit development board.
99262. Claims for public transportation systems may include claims
for money for all purposes necessary and convenient to the
development and operation of the system, including planning and
contributions to the transportation planning process, acquisition of
real property, construction of facilities and buildings, purchase and
replacement of vehicles (including those usable by handicapped
persons), and system operation, maintenance, and repair, payment for
any of which purposes may take the form of direct expenditures or
payment of principal and interest on equipment trust certificates,
bonded or other indebtedness, or any amounts in accomplishment of a
defeasance of any outstanding revenue bond indenture.
99262.5. Any transit district whose formation was approved in an
election held in June 1972 may include in its claim an amount to
reimburse any city in the district for financial support the city has
provided to a regularly scheduled transportation service available
to the public from July 1, 1972, through December 31, 1972.
99263. An approved claim may include an amount to pay the principal
and interest on bonds of the applicant for a public transportation
system.
This section shall not be construed as an authorization to any
applicant to pledge revenues received from the county's local
transportation fund, unless approved by the voters of the county
under Article 7 (commencing with Section 99320) of this chapter.
99264. An operator shall not be eligible for allocation under this
article if it routinely staffs with two or more persons a vehicle for
public transportation purposes designed to be operated by one
person.
99266. No moneys may be allocated to an operator whose claim
includes funds for an increase in operating budget in excess of 15
percent above the preceding year or substantial increase or decrease
in scope of operations or capital budget provisions for major new
fixed facilities, unless the operator's claim is accompanied by
statements, reports, and such other supporting data as may be
reasonably required to substantiate such change.
99267. If an operator ceases operations, any capital acquisitions
made by that operator from funds allocated to it pursuant to this
article may be transferred to any claimant to provide transportation
services under this chapter.
99268. The expenditure of the funds received under this article by
an operator may in no year exceed 50 percent of the amount required
to meet operating, maintenance, and capital and debt service
requirements of the system after deduction therefrom of approved
federal grants estimated to be received and funds estimated to be
allocated pursuant to Section 99314.5.
Notwithstanding the 50-percent limitation, the amount budgeted for
capital requirements in any year or other period up to five years,
less the amount of federal and other state funds granted or approved
therefor, may be allocated and expended for capital improvements to a
grade-separated mass transit system, if construction of such
facilities has been found to be not inconsistent with the regional
transportation plan of the transportation planning agency. Within
such five-year period, the transportation planning agency may order
the amount of the allocation in any year to be set aside and
accumulated for accomplishment of the particular project.
99268.1. Commencing with claims for the 1980-81 fiscal year, an
operator that was in compliance with Section 99268 during the 1978-79
fiscal year in order to be eligible for funds under this article
shall be eligible for such funds in any fiscal year, if it remains in
compliance with that section during the fiscal year. The
determination of compliance for any fiscal year shall be made in the
same manner as the determination was made for the 1978-79 fiscal
year, except for the exemption provided under Section 99267.5. An
allowance for depreciation shall be made in the same manner as
provided in the 1978-79 fiscal year.
For purposes of this section, an operator granted a waiver from
the requirements of Section 99268 pursuant to Section 99268.8, as it
read on January 1, 1979, shall not be deemed in compliance with that
section.
99268.2. (a) In the case of an operator required to be in
compliance with Section 99268 under Section 99268.1, the operator may
be allocated additional funds that could not be allocated to it
because of such requirements, if it maintains, for the fiscal year, a
ratio of fare revenues to operating cost, as defined by subdivision
(a) of Section 99247, at least equal (1) to one-fifth if serving an
urbanized area or to one-tenth if serving a nonurbanized area or (2)
to the ratio it had during the 1978-79 fiscal year, whichever is
greater.
(b) In addition, such an operator having a ratio of the sum of
fare revenues and local support to operating cost greater than
one-fifth if serving an urbanized area, or one-tenth if serving a
nonurbanized area, during the 1978-79 fiscal year shall, at least,
maintain that ratio in order to be eligible for additional funds
pursuant to this section.
99268.3. (a) In the case of an operator which is serving an
urbanized area, and which was eligible for funds under this article
during the 1978-79 fiscal year even though not required to be in
compliance with Section 99268 or which commenced operation after that
fiscal year, the operator shall be eligible for such funds in any
fiscal year, commencing with claims for the 1980-81 fiscal year, if
it maintains, for the fiscal year, a ratio of fare revenues to
operating cost, as defined by subdivision (a) of Section 99247, at
least equal to one-fifth or to the ratio it had during the 1978-79
fiscal year, whichever is greater.
(b) In addition, such an operator having a ratio of the sum of
fare revenues and local support to operating cost greater than
one-fifth during the 1978-79 fiscal year shall, at least, maintain
that ratio in order to be eligible for funds under this article.
(c) In the case of an operator serving an urbanized area, and
which was in operation during the 1978-79 fiscal year even though not
then eligible for funds under this article, but which has since
become eligible for such funds, the operator shall be eligible for
such funds in any fiscal year, commencing with the 1980-81 fiscal
year, if it complies with either of the following:
(1) The requirements of Section 99268.
(2) The requirements of subdivisions (a) and (b).
99268.4. (a) In the case of an operator which is serving a
nonurbanized area, and which was eligible for funds under this
article during the 1978-79 fiscal year even though not required to be
in compliance with Section 99268 or which commenced operation after
that fiscal year, the operator shall be eligible for such funds in
any fiscal year, commencing with claims for the 1980-81 fiscal year,
if it maintains, for the fiscal year, a ratio of fare revenues to
operating cost, as defined by subdivision (a) of Section 99247, at
least equal to one-tenth or to the ratio it had during the 1978-79
fiscal year, whichever is greater.
(b) In addition, such an operator having a ratio of the sum of
fare revenues and local support to operating cost greater than
one-tenth during the 1978-79 fiscal year shall, at least, maintain
that ratio in order to be eligible for funds under this article.
99268.5. (a) Commencing with claims for the 1980-81 fiscal year, no
funds shall be allocated under this article in any fiscal year to an
operator providing services using vehicles for the exclusive use of
elderly and handicapped persons, unless the operator maintains, for
the fiscal year, a ratio of fare revenues to operating cost, as
defined by subdivision (a) of Section 99247, for those services at
least equal to one-tenth or to the ratio it had for those services
during the 1978-79 fiscal year, whichever is greater.
(b) Notwithstanding subdivision (a), an operator which provides
both exclusive transportation services for elderly and handicapped
persons and regular scheduled public transportation services may be
allocated funds under this article for the exclusive service if the
combined services qualify under Section 99268.1, 99268.2, 99268.3, or
99268.4, as the case may be, and the ratio of fare revenues to
operating cost for the combined service shall not be less than the
ratio required in order to make allocations to the operator for its
regular scheduled services.
(c) In a county which had less than 500,000 population as
determined by the 1970 federal decennial census and more than 500,000
in population as determined by the 1980 or 1990 federal decennial
census, an operator in the county shall maintain a ratio of fare
revenues to operating cost, as defined by subdivision (a) of Section
99247, at least equal to one-fifth if serving an urbanized area or
one-tenth if serving a nonurbanized area.
99268.6. (a) If a joint powers entity providing public
transportation services was funded at any time under this article and
is subsequently dissolved, any succeeding entity providing such
services shall not be eligible for funding, unless it conforms to
Section 99268.1, 99268.2, 99268.3, 99268.4, 99268.5, or 99268.9, as
the case may be, which applied to its predecessor.
(b) Except a city or a county filing a claim pursuant to Section
99260.7, no public agency providing public transportation services,
after withdrawing from, or while remaining in, a joint powers entity
providing public transportation services, shall be eligible for
funding under this article, unless it conforms to Section 99268.1,
99268.2, 99268.3, 99268.4, or 99268.9, as the case may be, that the
joint powers entity is required to conform with in order to be
eligible for such funding at the time the public agency commences its
public transportation services. The public agency is an operator and
shall be subject to Section 99268.9.
99268.7. Any unallocated funds resulting from the limitations of
Section 99268 may be used for capital intensive transit-related
improvements. Every effort shall be made to obtain federal funds for
the purposes of this section. Such improvements shall include, but
not be limited to, park-and-ride lots, terminal facilities, bus
waiting shelters, exclusive lanes for buses, and the acquisition of
vehicles and rolling stock for replacement purposes.
99268.8. The required ratios of fare revenues to operating cost
prescribed by this article shall not apply to an extension of public
transportation services until two years after the end of the fiscal
year in which the extension of services was put into operation. As
used in this section, "extension of public transportation services"
includes additions of geographical areas or route miles, or
improvements in service frequency or hours of service greater than 25
percent of the route total, or the addition of new days of service,
and for transit service claimants also includes the addition of a new
type of service, such as van, taxi, or bus.
Within 90 days after the end of the first year of implementation,
the operator shall submit to the transportation planning agency, the
county transportation commission, or the San Diego Metropolitan
Transit Development Board having jurisdiction over it, a report on
the extension of public transportation services, including, but not
limited to, the area served, the revenues generated, and the cost to
provide the extended services.
99268.9. (a) Except as otherwise provided in subdivision (b), if an
operator was allocated funds under this article during a fiscal year
in which it did not maintain the required ratio of fare revenues to
operating cost, the operator's eligibility to receive moneys from the
local transportation fund and allocations pursuant to Sections
99313.3 and 99314.3 shall be reduced during a subsequent penalty year
by the amount of the difference between the required fare revenues
and the actual fare revenues for the fiscal year that the required
ratio was not maintained. The penalty year shall be the fiscal year
that begins one year after the end of the fiscal year during which
the required ratio was not maintained.
An operator subject to this subdivision shall demonstrate to the
transportation planning agency, the county transportation commission,
or the San Diego Metropolitan Transit Development Board how it will
achieve the required ratio of fare revenues during any penalty year.
(b) The first fiscal year for which an operator does not maintain
the required ratio of fare revenues to operating cost is deemed a
grace year, and shall not result in any penalty nor loss of
eligibility for funds under this article.
99268.11. Sections 99268.3, 99268.4, and 99268.9 may be waived by
the transportation planning agency with respect to an operator during
any fiscal year in which both of the following occurred, if the
waiver is necessary to enable the operator to provide vital public
transportation services:
(a) The operator sustained two separate work stoppages for 15 days
or longer due to labor disputes.
(b) At least one of the work stoppages was not related to a labor
dispute with the operator.
99268.12. Notwithstanding Sections 99268.2 and 99268.3, the
transportation planning agency or the county transportation
commission may set the required ratio of fare revenue to operating
cost at not less than three-twentieths for an operator in a county
with a population of 500,000 or less and serving an urbanized area
where funds may be allocated under Article 8 (commencing with Section
99400). Prior to setting the required ratio, the transportation
planning agency or the county transportation commission shall make
findings specifying the reasons for its action.
99268.16. Notwithstanding subdivision (a) of Section 99247, the
costs of providing ridesharing services are excluded from operating
costs.
99268.17. (a) Notwithstanding subdivision (a) of Section 99247, the
additional operating costs required to provide comparable
complementary paratransit service as required by Section 37.121 of
Title 49 of the Code of Federal Regulations, pursuant to the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.), as identified in the operator's paratransit plan pursuant to
Section 37.139 of Title 49 of the Code of Federal Regulations that
exceed the operator's costs required to provide comparable
complementary paratransit service in the prior year as adjusted by
the Consumer Price Index, shall be excluded from the definition of
operating cost for the purposes of calculating any required ratios of
fare revenues to operating cost specified in this article.
(b) The exclusion of costs from the definition of operating costs
in subdivision (a) applies solely for the purpose of this section and
does not authorize an operator to report an operating cost other
than as defined in subdivision (a) of Section 99247 or a ratio of
fare revenue to operating cost other than as that ratio is described
elsewhere in this article, to any of the following entities:
(1) The Controller pursuant to Section 99243.
(2) The entity conducting the fiscal audit pursuant to Section
99245.
(3) The entity conducting the performance audit pursuant to
Section 99246.
(c) This section shall become operative on January 1, 2007.
99268.18. The exclusions contained in Sections 99268.10, 99268.16,
and 99268.17 shall not be applicable for purposes of determining an
operator's compliance with Section 99268.
99268.19. If fare revenues are insufficient to meet the applicable
ratio of fare revenues to operating cost required by this article, an
operator may satisfy that requirement by supplementing its fare
revenues with local funds. "Local funds" means revenues derived from
taxes imposed by the operator or by a county transportation
commission created pursuant to Division 12 (commencing with Section
130000) of the Public Utilities Code.
99269. (a) Notwithstanding any other provision of this article, all
operators providing service within the area under the jurisdiction
of the San Diego Metropolitan Transit Development Board and filing
claims pursuant to Section 99260 shall be considered a single
operator. In order for all those operators to be eligible for funds
under this article, an areawide ratio of fare revenues to operating
cost, as defined by subdivision (a) of Section 99247, shall be
determined on the basis of the total operating cost and total fare
revenues of all the operators, which ratio shall not be less than the
areawide ratio for the 1978-79 fiscal year.
(b) In calculating the areawide ratio for the 1978-79 fiscal year,
only the fare revenues and the operating costs of those operators
that are in compliance with Section 99268, 99268.1, 99268.2, or
99268.3, whichever section was applicable to the operator during the
1978-79 fiscal year, are to be used.
(c) During the period of the first two years of operation, a new
operator subject to this section shall claim each year no more than
75 percent of its total operating cost for that year.
99270. On or after the first day of any fiscal year, an operator
may engage in temporary borrowing pursuant to Article 7.6 (commencing
with Section 53850), Chapter 4, Part 1, Division 2, Title 5 of the
Government Code and for such purposes "revenues" as defined in
Sections 53856 and 53858 of that code may include the amount of any
claim permitted under this article if a claim has been filed and
approved. The amount of any claim for the purposes of this section
shall be subject to the limitations on claims specified in this
chapter; provided that the calculations of the limitations referred
to herein may be based upon estimates of the operator.
The payments made for temporary borrowing authorized under this
section shall not be deemed capital expenditures for purposes of
Section 99267.
The power of an operator to levy taxes shall not be a prerequisite
to its power to issue notes as general obligations pursuant to
Article 7.6.
99270.1. If an operator serves urbanized and nonurbanized areas in
the area of jurisdiction of a transportation planning agency, the
transportation planning agency shall adopt rules and regulations to
determine what portion of the public transportation services of the
operator serves urbanized areas and what portion serves nonurbanized
areas to determine its required ratio of fare revenues to operating
cost, as defined by subdivision (a) of Section 99247, or its required
ratio of the sum of fare revenues and local support to operating
cost, or both.
The transportation planning agency shall submit the rules and
regulations to the department for approval.
99270.2. If an operator serves an area that was first designated as
an urbanized area in the 1980 or a subsequent federal census, the
transportation planning agency or the county transportation
commission may grant the operator time, but not more than five years
from July 1 of the year following the year of the census, to meet the
ratio of fare revenues to operating cost required of an operator
serving an urbanized area.
99270.5. In determining whether there is compliance with Section
99268.1, 99268.2, 99268.3, 99268.4, 99268.5, or 99268.9, as the case
may be, by operators serving the area of the San Francisco Bay Area
Rapid Transit District, excluding the City and County of San
Francisco, the Metropolitan Transportation Commission may make that
determination for all or some of the operators as a group, if the
Metropolitan Transportation Commission finds that the public
transportation services of the operators grouped are coordinated.
99271. (a) An operator shall be eligible for allocations under this
article, on and after July 1, 1976, only if the current cost of its
retirement system is fully funded with respect to the officers and
employees of its public transportation system, or if the operator is
implementing a plan approved by the transportation planning agency
which will fully fund the retirement system for such officers and
employees within 40 years.
(b) "Fully funded" with respect to the retirement system, means
that the system, at any particular time, has assets determined to be
sufficient to provide for the payment of all pension and other
benefits to such officers and employees then entitled, or who may
become entitled, under terms of the system to an immediate or
deferred benefit in respect to service rendered by such officers and
employees.
99272. An operator that has a private pension plan shall be
eligible for allocations under this article, on and after July 1,
1976, only if the operator does both of the following:
(a) Conducts periodic actuarial studies of its employee pension
plans to determine the annual cost of future pension benefits.
(b) Sets aside and invests, on a current basis, funds sufficient
to provide for the payment of future pension benefits.
99273. An operator that has a private pension plan shall be
eligible for allocations under this article, on and after July 1,
1976, only if the operator reports in its financial statements, at
least annually, all of the following:
(a) The actuarially determined amount of pension liability.
(b) The amount of cash funds set aside and invested to meet the
pension liability.
(c) The amount of any deficit in the pension fund.
(d) The financial plan adopted to eliminate the deficit in the
pension fund.
99260. Claims may be filed with the transportation planning agency
by operators under this article for the following purposes:
(a) The support of public transportation systems.
(b) Aid to public transportation research and demonstration
projects.
(c) Contributions for the construction of grade separation
projects specified in Section 99318.3.
99260.2. (a) Claims may be filed with the transportation planning
agency by operators to contract with common carriers of persons
operating under a franchise or license to provide transportation
services during peak hours.
"Peak hours" means the period of time during a day which have a
clearly greater-than-average level of patronage, typically the two
periods of time which reflect the influx of home-work and work-home
patronage on a transportation system.
(b) Claims may be filed with the transportation planning agency by
a transit district to make bulk purchases of passenger tickets for
passenger rail services, if it is authorized to make such purchases
by its enabling legislation.
99260.5. (a) Claims may also be filed with the transportation
planning agency by a city and county or a transit district under this
article for payments to be made to a railroad corporation subject to
the jurisdiction of the Public Utilities Commission and engaged in
the transportation of persons, as defined in Section 208, for
operating losses incurred in such transportation of persons between
points within the city and county or the district, as the case may
be, and for that portion of the operating losses incurred in such
transportation of persons in the city and county or the district, as
the case may be, whose origin or destination, or both, are outside
the city and county or district.
(b) A city and county or a transit district receiving funds under
a claim filed pursuant to subdivision (a) shall use those funds for
the purposes specified in that subdivision.
99260.6. Public agencies authorized to file claims pursuant to
Section 99234.9 may file claims under this article.
99260.7. In order to provide, or to contract to provide,
transportation services using vehicles for the exclusive use of
elderly or handicapped persons, a city or a county, which is
contributing funds it is eligible to receive under this article to a
joint powers agency of which it is a member to operate a public
transportation system, may also file a claim under this article and
may also file a claim for funds made available pursuant to Section
99313.
99261. The transportation planning agency may adopt rules and
regulations supplemental to, and consistent with, those of the
department to further delineate procedures for the submission of
claims and stating criteria by which they will be analyzed and
evaluated.
The criteria may include a statement of intent to disallow any
portion of an operator's claim which calls for moneys to finance
unreasonable or arbitrary increases in executive level salaries based
on consideration of executive level salaries in other public
agencies and in the public transportation industry, both nationally
and within the state.
To the extent necessary to perform its duties under this article,
the transportation planning agency has full access to the books,
records, and accounts of claimant operators.
99261.5. The San Diego Metropolitan Transit Development Board shall
adopt rules and regulations for its area of jurisdiction.
The transportation planning agency may include in its rules and
regulations any rule and regulation of the transit development board.
99262. Claims for public transportation systems may include claims
for money for all purposes necessary and convenient to the
development and operation of the system, including planning and
contributions to the transportation planning process, acquisition of
real property, construction of facilities and buildings, purchase and
replacement of vehicles (including those usable by handicapped
persons), and system operation, maintenance, and repair, payment for
any of which purposes may take the form of direct expenditures or
payment of principal and interest on equipment trust certificates,
bonded or other indebtedness, or any amounts in accomplishment of a
defeasance of any outstanding revenue bond indenture.
99262.5. Any transit district whose formation was approved in an
election held in June 1972 may include in its claim an amount to
reimburse any city in the district for financial support the city has
provided to a regularly scheduled transportation service available
to the public from July 1, 1972, through December 31, 1972.
99263. An approved claim may include an amount to pay the principal
and interest on bonds of the applicant for a public transportation
system.
This section shall not be construed as an authorization to any
applicant to pledge revenues received from the county's local
transportation fund, unless approved by the voters of the county
under Article 7 (commencing with Section 99320) of this chapter.
99264. An operator shall not be eligible for allocation under this
article if it routinely staffs with two or more persons a vehicle for
public transportation purposes designed to be operated by one
person.
99266. No moneys may be allocated to an operator whose claim
includes funds for an increase in operating budget in excess of 15
percent above the preceding year or substantial increase or decrease
in scope of operations or capital budget provisions for major new
fixed facilities, unless the operator's claim is accompanied by
statements, reports, and such other supporting data as may be
reasonably required to substantiate such change.
99267. If an operator ceases operations, any capital acquisitions
made by that operator from funds allocated to it pursuant to this
article may be transferred to any claimant to provide transportation
services under this chapter.
99268. The expenditure of the funds received under this article by
an operator may in no year exceed 50 percent of the amount required
to meet operating, maintenance, and capital and debt service
requirements of the system after deduction therefrom of approved
federal grants estimated to be received and funds estimated to be
allocated pursuant to Section 99314.5.
Notwithstanding the 50-percent limitation, the amount budgeted for
capital requirements in any year or other period up to five years,
less the amount of federal and other state funds granted or approved
therefor, may be allocated and expended for capital improvements to a
grade-separated mass transit system, if construction of such
facilities has been found to be not inconsistent with the regional
transportation plan of the transportation planning agency. Within
such five-year period, the transportation planning agency may order
the amount of the allocation in any year to be set aside and
accumulated for accomplishment of the particular project.
99268.1. Commencing with claims for the 1980-81 fiscal year, an
operator that was in compliance with Section 99268 during the 1978-79
fiscal year in order to be eligible for funds under this article
shall be eligible for such funds in any fiscal year, if it remains in
compliance with that section during the fiscal year. The
determination of compliance for any fiscal year shall be made in the
same manner as the determination was made for the 1978-79 fiscal
year, except for the exemption provided under Section 99267.5. An
allowance for depreciation shall be made in the same manner as
provided in the 1978-79 fiscal year.
For purposes of this section, an operator granted a waiver from
the requirements of Section 99268 pursuant to Section 99268.8, as it
read on January 1, 1979, shall not be deemed in compliance with that
section.
99268.2. (a) In the case of an operator required to be in
compliance with Section 99268 under Section 99268.1, the operator may
be allocated additional funds that could not be allocated to it
because of such requirements, if it maintains, for the fiscal year, a
ratio of fare revenues to operating cost, as defined by subdivision
(a) of Section 99247, at least equal (1) to one-fifth if serving an
urbanized area or to one-tenth if serving a nonurbanized area or (2)
to the ratio it had during the 1978-79 fiscal year, whichever is
greater.
(b) In addition, such an operator having a ratio of the sum of
fare revenues and local support to operating cost greater than
one-fifth if serving an urbanized area, or one-tenth if serving a
nonurbanized area, during the 1978-79 fiscal year shall, at least,
maintain that ratio in order to be eligible for additional funds
pursuant to this section.
99268.3. (a) In the case of an operator which is serving an
urbanized area, and which was eligible for funds under this article
during the 1978-79 fiscal year even though not required to be in
compliance with Section 99268 or which commenced operation after that
fiscal year, the operator shall be eligible for such funds in any
fiscal year, commencing with claims for the 1980-81 fiscal year, if
it maintains, for the fiscal year, a ratio of fare revenues to
operating cost, as defined by subdivision (a) of Section 99247, at
least equal to one-fifth or to the ratio it had during the 1978-79
fiscal year, whichever is greater.
(b) In addition, such an operator having a ratio of the sum of
fare revenues and local support to operating cost greater than
one-fifth during the 1978-79 fiscal year shall, at least, maintain
that ratio in order to be eligible for funds under this article.
(c) In the case of an operator serving an urbanized area, and
which was in operation during the 1978-79 fiscal year even though not
then eligible for funds under this article, but which has since
become eligible for such funds, the operator shall be eligible for
such funds in any fiscal year, commencing with the 1980-81 fiscal
year, if it complies with either of the following:
(1) The requirements of Section 99268.
(2) The requirements of subdivisions (a) and (b).
99268.4. (a) In the case of an operator which is serving a
nonurbanized area, and which was eligible for funds under this
article during the 1978-79 fiscal year even though not required to be
in compliance with Section 99268 or which commenced operation after
that fiscal year, the operator shall be eligible for such funds in
any fiscal year, commencing with claims for the 1980-81 fiscal year,
if it maintains, for the fiscal year, a ratio of fare revenues to
operating cost, as defined by subdivision (a) of Section 99247, at
least equal to one-tenth or to the ratio it had during the 1978-79
fiscal year, whichever is greater.
(b) In addition, such an operator having a ratio of the sum of
fare revenues and local support to operating cost greater than
one-tenth during the 1978-79 fiscal year shall, at least, maintain
that ratio in order to be eligible for funds under this article.
99268.5. (a) Commencing with claims for the 1980-81 fiscal year, no
funds shall be allocated under this article in any fiscal year to an
operator providing services using vehicles for the exclusive use of
elderly and handicapped persons, unless the operator maintains, for
the fiscal year, a ratio of fare revenues to operating cost, as
defined by subdivision (a) of Section 99247, for those services at
least equal to one-tenth or to the ratio it had for those services
during the 1978-79 fiscal year, whichever is greater.
(b) Notwithstanding subdivision (a), an operator which provides
both exclusive transportation services for elderly and handicapped
persons and regular scheduled public transportation services may be
allocated funds under this article for the exclusive service if the
combined services qualify under Section 99268.1, 99268.2, 99268.3, or
99268.4, as the case may be, and the ratio of fare revenues to
operating cost for the combined service shall not be less than the
ratio required in order to make allocations to the operator for its
regular scheduled services.
(c) In a county which had less than 500,000 population as
determined by the 1970 federal decennial census and more than 500,000
in population as determined by the 1980 or 1990 federal decennial
census, an operator in the county shall maintain a ratio of fare
revenues to operating cost, as defined by subdivision (a) of Section
99247, at least equal to one-fifth if serving an urbanized area or
one-tenth if serving a nonurbanized area.
99268.6. (a) If a joint powers entity providing public
transportation services was funded at any time under this article and
is subsequently dissolved, any succeeding entity providing such
services shall not be eligible for funding, unless it conforms to
Section 99268.1, 99268.2, 99268.3, 99268.4, 99268.5, or 99268.9, as
the case may be, which applied to its predecessor.
(b) Except a city or a county filing a claim pursuant to Section
99260.7, no public agency providing public transportation services,
after withdrawing from, or while remaining in, a joint powers entity
providing public transportation services, shall be eligible for
funding under this article, unless it conforms to Section 99268.1,
99268.2, 99268.3, 99268.4, or 99268.9, as the case may be, that the
joint powers entity is required to conform with in order to be
eligible for such funding at the time the public agency commences its
public transportation services. The public agency is an operator and
shall be subject to Section 99268.9.
99268.7. Any unallocated funds resulting from the limitations of
Section 99268 may be used for capital intensive transit-related
improvements. Every effort shall be made to obtain federal funds for
the purposes of this section. Such improvements shall include, but
not be limited to, park-and-ride lots, terminal facilities, bus
waiting shelters, exclusive lanes for buses, and the acquisition of
vehicles and rolling stock for replacement purposes.
99268.8. The required ratios of fare revenues to operating cost
prescribed by this article shall not apply to an extension of public
transportation services until two years after the end of the fiscal
year in which the extension of services was put into operation. As
used in this section, "extension of public transportation services"
includes additions of geographical areas or route miles, or
improvements in service frequency or hours of service greater than 25
percent of the route total, or the addition of new days of service,
and for transit service claimants also includes the addition of a new
type of service, such as van, taxi, or bus.
Within 90 days after the end of the first year of implementation,
the operator shall submit to the transportation planning agency, the
county transportation commission, or the San Diego Metropolitan
Transit Development Board having jurisdiction over it, a report on
the extension of public transportation services, including, but not
limited to, the area served, the revenues generated, and the cost to
provide the extended services.
99268.9. (a) Except as otherwise provided in subdivision (b), if an
operator was allocated funds under this article during a fiscal year
in which it did not maintain the required ratio of fare revenues to
operating cost, the operator's eligibility to receive moneys from the
local transportation fund and allocations pursuant to Sections
99313.3 and 99314.3 shall be reduced during a subsequent penalty year
by the amount of the difference between the required fare revenues
and the actual fare revenues for the fiscal year that the required
ratio was not maintained. The penalty year shall be the fiscal year
that begins one year after the end of the fiscal year during which
the required ratio was not maintained.
An operator subject to this subdivision shall demonstrate to the
transportation planning agency, the county transportation commission,
or the San Diego Metropolitan Transit Development Board how it will
achieve the required ratio of fare revenues during any penalty year.
(b) The first fiscal year for which an operator does not maintain
the required ratio of fare revenues to operating cost is deemed a
grace year, and shall not result in any penalty nor loss of
eligibility for funds under this article.
99268.11. Sections 99268.3, 99268.4, and 99268.9 may be waived by
the transportation planning agency with respect to an operator during
any fiscal year in which both of the following occurred, if the
waiver is necessary to enable the operator to provide vital public
transportation services:
(a) The operator sustained two separate work stoppages for 15 days
or longer due to labor disputes.
(b) At least one of the work stoppages was not related to a labor
dispute with the operator.
99268.12. Notwithstanding Sections 99268.2 and 99268.3, the
transportation planning agency or the county transportation
commission may set the required ratio of fare revenue to operating
cost at not less than three-twentieths for an operator in a county
with a population of 500,000 or less and serving an urbanized area
where funds may be allocated under Article 8 (commencing with Section
99400). Prior to setting the required ratio, the transportation
planning agency or the county transportation commission shall make
findings specifying the reasons for its action.
99268.16. Notwithstanding subdivision (a) of Section 99247, the
costs of providing ridesharing services are excluded from operating
costs.
99268.17. (a) Notwithstanding subdivision (a) of Section 99247, the
additional operating costs required to provide comparable
complementary paratransit service as required by Section 37.121 of
Title 49 of the Code of Federal Regulations, pursuant to the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.), as identified in the operator's paratransit plan pursuant to
Section 37.139 of Title 49 of the Code of Federal Regulations that
exceed the operator's costs required to provide comparable
complementary paratransit service in the prior year as adjusted by
the Consumer Price Index, shall be excluded from the definition of
operating cost for the purposes of calculating any required ratios of
fare revenues to operating cost specified in this article.
(b) The exclusion of costs from the definition of operating costs
in subdivision (a) applies solely for the purpose of this section and
does not authorize an operator to report an operating cost other
than as defined in subdivision (a) of Section 99247 or a ratio of
fare revenue to operating cost other than as that ratio is described
elsewhere in this article, to any of the following entities:
(1) The Controller pursuant to Section 99243.
(2) The entity conducting the fiscal audit pursuant to Section
99245.
(3) The entity conducting the performance audit pursuant to
Section 99246.
(c) This section shall become operative on January 1, 2007.
99268.18. The exclusions contained in Sections 99268.10, 99268.16,
and 99268.17 shall not be applicable for purposes of determining an
operator's compliance with Section 99268.
99268.19. If fare revenues are insufficient to meet the applicable
ratio of fare revenues to operating cost required by this article, an
operator may satisfy that requirement by supplementing its fare
revenues with local funds. "Local funds" means revenues derived from
taxes imposed by the operator or by a county transportation
commission created pursuant to Division 12 (commencing with Section
130000) of the Public Utilities Code.
99269. (a) Notwithstanding any other provision of this article, all
operators providing service within the area under the jurisdiction
of the San Diego Metropolitan Transit Development Board and filing
claims pursuant to Section 99260 shall be considered a single
operator. In order for all those operators to be eligible for funds
under this article, an areawide ratio of fare revenues to operating
cost, as defined by subdivision (a) of Section 99247, shall be
determined on the basis of the total operating cost and total fare
revenues of all the operators, which ratio shall not be less than the
areawide ratio for the 1978-79 fiscal year.
(b) In calculating the areawide ratio for the 1978-79 fiscal year,
only the fare revenues and the operating costs of those operators
that are in compliance with Section 99268, 99268.1, 99268.2, or
99268.3, whichever section was applicable to the operator during the
1978-79 fiscal year, are to be used.
(c) During the period of the first two years of operation, a new
operator subject to this section shall claim each year no more than
75 percent of its total operating cost for that year.
99270. On or after the first day of any fiscal year, an operator
may engage in temporary borrowing pursuant to Article 7.6 (commencing
with Section 53850), Chapter 4, Part 1, Division 2, Title 5 of the
Government Code and for such purposes "revenues" as defined in
Sections 53856 and 53858 of that code may include the amount of any
claim permitted under this article if a claim has been filed and
approved. The amount of any claim for the purposes of this section
shall be subject to the limitations on claims specified in this
chapter; provided that the calculations of the limitations referred
to herein may be based upon estimates of the operator.
The payments made for temporary borrowing authorized under this
section shall not be deemed capital expenditures for purposes of
Section 99267.
The power of an operator to levy taxes shall not be a prerequisite
to its power to issue notes as general obligations pursuant to
Article 7.6.
99270.1. If an operator serves urbanized and nonurbanized areas in
the area of jurisdiction of a transportation planning agency, the
transportation planning agency shall adopt rules and regulations to
determine what portion of the public transportation services of the
operator serves urbanized areas and what portion serves nonurbanized
areas to determine its required ratio of fare revenues to operating
cost, as defined by subdivision (a) of Section 99247, or its required
ratio of the sum of fare revenues and local support to operating
cost, or both.
The transportation planning agency shall submit the rules and
regulations to the department for approval.
99270.2. If an operator serves an area that was first designated as
an urbanized area in the 1980 or a subsequent federal census, the
transportation planning agency or the county transportation
commission may grant the operator time, but not more than five years
from July 1 of the year following the year of the census, to meet the
ratio of fare revenues to operating cost required of an operator
serving an urbanized area.
99270.5. In determining whether there is compliance with Section
99268.1, 99268.2, 99268.3, 99268.4, 99268.5, or 99268.9, as the case
may be, by operators serving the area of the San Francisco Bay Area
Rapid Transit District, excluding the City and County of San
Francisco, the Metropolitan Transportation Commission may make that
determination for all or some of the operators as a group, if the
Metropolitan Transportation Commission finds that the public
transportation services of the operators grouped are coordinated.
99271. (a) An operator shall be eligible for allocations under this
article, on and after July 1, 1976, only if the current cost of its
retirement system is fully funded with respect to the officers and
employees of its public transportation system, or if the operator is
implementing a plan approved by the transportation planning agency
which will fully fund the retirement system for such officers and
employees within 40 years.
(b) "Fully funded" with respect to the retirement system, means
that the system, at any particular time, has assets determined to be
sufficient to provide for the payment of all pension and other
benefits to such officers and employees then entitled, or who may
become entitled, under terms of the system to an immediate or
deferred benefit in respect to service rendered by such officers and
employees.
99272. An operator that has a private pension plan shall be
eligible for allocations under this article, on and after July 1,
1976, only if the operator does both of the following:
(a) Conducts periodic actuarial studies of its employee pension
plans to determine the annual cost of future pension benefits.
(b) Sets aside and invests, on a current basis, funds sufficient
to provide for the payment of future pension benefits.
99273. An operator that has a private pension plan shall be
eligible for allocations under this article, on and after July 1,
1976, only if the operator reports in its financial statements, at
least annually, all of the following:
(a) The actuarially determined amount of pension liability.
(b) The amount of cash funds set aside and invested to meet the
pension liability.
(c) The amount of any deficit in the pension fund.
(d) The financial plan adopted to eliminate the deficit in the
pension fund.
99260. Claims may be filed with the transportation planning agency
by operators under this article for the following purposes:
(a) The support of public transportation systems.
(b) Aid to public transportation research and demonstration
projects.
(c) Contributions for the construction of grade separation
projects specified in Section 99318.3.
99260.2. (a) Claims may be filed with the transportation planning
agency by operators to contract with common carriers of persons
operating under a franchise or license to provide transportation
services during peak hours.
"Peak hours" means the period of time during a day which have a
clearly greater-than-average level of patronage, typically the two
periods of time which reflect the influx of home-work and work-home
patronage on a transportation system.
(b) Claims may be filed with the transportation planning agency by
a transit district to make bulk purchases of passenger tickets for
passenger rail services, if it is authorized to make such purchases
by its enabling legislation.
99260.5. (a) Claims may also be filed with the transportation
planning agency by a city and county or a transit district under this
article for payments to be made to a railroad corporation subject to
the jurisdiction of the Public Utilities Commission and engaged in
the transportation of persons, as defined in Section 208, for
operating losses incurred in such transportation of persons between
points within the city and county or the district, as the case may
be, and for that portion of the operating losses incurred in such
transportation of persons in the city and county or the district, as
the case may be, whose origin or destination, or both, are outside
the city and county or district.
(b) A city and county or a transit district receiving funds under
a claim filed pursuant to subdivision (a) shall use those funds for
the purposes specified in that subdivision.
99260.6. Public agencies authorized to file claims pursuant to
Section 99234.9 may file claims under this article.
99260.7. In order to provide, or to contract to provide,
transportation services using vehicles for the exclusive use of
elderly or handicapped persons, a city or a county, which is
contributing funds it is eligible to receive under this article to a
joint powers agency of which it is a member to operate a public
transportation system, may also file a claim under this article and
may also file a claim for funds made available pursuant to Section
99313.
99261. The transportation planning agency may adopt rules and
regulations supplemental to, and consistent with, those of the
department to further delineate procedures for the submission of
claims and stating criteria by which they will be analyzed and
evaluated.
The criteria may include a statement of intent to disallow any
portion of an operator's claim which calls for moneys to finance
unreasonable or arbitrary increases in executive level salaries based
on consideration of executive level salaries in other public
agencies and in the public transportation industry, both nationally
and within the state.
To the extent necessary to perform its duties under this article,
the transportation planning agency has full access to the books,
records, and accounts of claimant operators.
99261.5. The San Diego Metropolitan Transit Development Board shall
adopt rules and regulations for its area of jurisdiction.
The transportation planning agency may include in its rules and
regulations any rule and regulation of the transit development board.
99262. Claims for public transportation systems may include claims
for money for all purposes necessary and convenient to the
development and operation of the system, including planning and
contributions to the transportation planning process, acquisition of
real property, construction of facilities and buildings, purchase and
replacement of vehicles (including those usable by handicapped
persons), and system operation, maintenance, and repair, payment for
any of which purposes may take the form of direct expenditures or
payment of principal and interest on equipment trust certificates,
bonded or other indebtedness, or any amounts in accomplishment of a
defeasance of any outstanding revenue bond indenture.
99262.5. Any transit district whose formation was approved in an
election held in June 1972 may include in its claim an amount to
reimburse any city in the district for financial support the city has
provided to a regularly scheduled transportation service available
to the public from July 1, 1972, through December 31, 1972.
99263. An approved claim may include an amount to pay the principal
and interest on bonds of the applicant for a public transportation
system.
This section shall not be construed as an authorization to any
applicant to pledge revenues received from the county's local
transportation fund, unless approved by the voters of the county
under Article 7 (commencing with Section 99320) of this chapter.
99264. An operator shall not be eligible for allocation under this
article if it routinely staffs with two or more persons a vehicle for
public transportation purposes designed to be operated by one
person.
99266. No moneys may be allocated to an operator whose claim
includes funds for an increase in operating budget in excess of 15
percent above the preceding year or substantial increase or decrease
in scope of operations or capital budget provisions for major new
fixed facilities, unless the operator's claim is accompanied by
statements, reports, and such other supporting data as may be
reasonably required to substantiate such change.
99267. If an operator ceases operations, any capital acquisitions
made by that operator from funds allocated to it pursuant to this
article may be transferred to any claimant to provide transportation
services under this chapter.
99268. The expenditure of the funds received under this article by
an operator may in no year exceed 50 percent of the amount required
to meet operating, maintenance, and capital and debt service
requirements of the system after deduction therefrom of approved
federal grants estimated to be received and funds estimated to be
allocated pursuant to Section 99314.5.
Notwithstanding the 50-percent limitation, the amount budgeted for
capital requirements in any year or other period up to five years,
less the amount of federal and other state funds granted or approved
therefor, may be allocated and expended for capital improvements to a
grade-separated mass transit system, if construction of such
facilities has been found to be not inconsistent with the regional
transportation plan of the transportation planning agency. Within
such five-year period, the transportation planning agency may order
the amount of the allocation in any year to be set aside and
accumulated for accomplishment of the particular project.
99268.1. Commencing with claims for the 1980-81 fiscal year, an
operator that was in compliance with Section 99268 during the 1978-79
fiscal year in order to be eligible for funds under this article
shall be eligible for such funds in any fiscal year, if it remains in
compliance with that section during the fiscal year. The
determination of compliance for any fiscal year shall be made in the
same manner as the determination was made for the 1978-79 fiscal
year, except for the exemption provided under Section 99267.5. An
allowance for depreciation shall be made in the same manner as
provided in the 1978-79 fiscal year.
For purposes of this section, an operator granted a waiver from
the requirements of Section 99268 pursuant to Section 99268.8, as it
read on January 1, 1979, shall not be deemed in compliance with that
section.
99268.2. (a) In the case of an operator required to be in
compliance with Section 99268 under Section 99268.1, the operator may
be allocated additional funds that could not be allocated to it
because of such requirements, if it maintains, for the fiscal year, a
ratio of fare revenues to operating cost, as defined by subdivision
(a) of Section 99247, at least equal (1) to one-fifth if serving an
urbanized area or to one-tenth if serving a nonurbanized area or (2)
to the ratio it had during the 1978-79 fiscal year, whichever is
greater.
(b) In addition, such an operator having a ratio of the sum of
fare revenues and local support to operating cost greater than
one-fifth if serving an urbanized area, or one-tenth if serving a
nonurbanized area, during the 1978-79 fiscal year shall, at least,
maintain that ratio in order to be eligible for additional funds
pursuant to this section.
99268.3. (a) In the case of an operator which is serving an
urbanized area, and which was eligible for funds under this article
during the 1978-79 fiscal year even though not required to be in
compliance with Section 99268 or which commenced operation after that
fiscal year, the operator shall be eligible for such funds in any
fiscal year, commencing with claims for the 1980-81 fiscal year, if
it maintains, for the fiscal year, a ratio of fare revenues to
operating cost, as defined by subdivision (a) of Section 99247, at
least equal to one-fifth or to the ratio it had during the 1978-79
fiscal year, whichever is greater.
(b) In addition, such an operator having a ratio of the sum of
fare revenues and local support to operating cost greater than
one-fifth during the 1978-79 fiscal year shall, at least, maintain
that ratio in order to be eligible for funds under this article.
(c) In the case of an operator serving an urbanized area, and
which was in operation during the 1978-79 fiscal year even though not
then eligible for funds under this article, but which has since
become eligible for such funds, the operator shall be eligible for
such funds in any fiscal year, commencing with the 1980-81 fiscal
year, if it complies with either of the following:
(1) The requirements of Section 99268.
(2) The requirements of subdivisions (a) and (b).
99268.4. (a) In the case of an operator which is serving a
nonurbanized area, and which was eligible for funds under this
article during the 1978-79 fiscal year even though not required to be
in compliance with Section 99268 or which commenced operation after
that fiscal year, the operator shall be eligible for such funds in
any fiscal year, commencing with claims for the 1980-81 fiscal year,
if it maintains, for the fiscal year, a ratio of fare revenues to
operating cost, as defined by subdivision (a) of Section 99247, at
least equal to one-tenth or to the ratio it had during the 1978-79
fiscal year, whichever is greater.
(b) In addition, such an operator having a ratio of the sum of
fare revenues and local support to operating cost greater than
one-tenth during the 1978-79 fiscal year shall, at least, maintain
that ratio in order to be eligible for funds under this article.
99268.5. (a) Commencing with claims for the 1980-81 fiscal year, no
funds shall be allocated under this article in any fiscal year to an
operator providing services using vehicles for the exclusive use of
elderly and handicapped persons, unless the operator maintains, for
the fiscal year, a ratio of fare revenues to operating cost, as
defined by subdivision (a) of Section 99247, for those services at
least equal to one-tenth or to the ratio it had for those services
during the 1978-79 fiscal year, whichever is greater.
(b) Notwithstanding subdivision (a), an operator which provides
both exclusive transportation services for elderly and handicapped
persons and regular scheduled public transportation services may be
allocated funds under this article for the exclusive service if the
combined services qualify under Section 99268.1, 99268.2, 99268.3, or
99268.4, as the case may be, and the ratio of fare revenues to
operating cost for the combined service shall not be less than the
ratio required in order to make allocations to the operator for its
regular scheduled services.
(c) In a county which had less than 500,000 population as
determined by the 1970 federal decennial census and more than 500,000
in population as determined by the 1980 or 1990 federal decennial
census, an operator in the county shall maintain a ratio of fare
revenues to operating cost, as defined by subdivision (a) of Section
99247, at least equal to one-fifth if serving an urbanized area or
one-tenth if serving a nonurbanized area.
99268.6. (a) If a joint powers entity providing public
transportation services was funded at any time under this article and
is subsequently dissolved, any succeeding entity providing such
services shall not be eligible for funding, unless it conforms to
Section 99268.1, 99268.2, 99268.3, 99268.4, 99268.5, or 99268.9, as
the case may be, which applied to its predecessor.
(b) Except a city or a county filing a claim pursuant to Section
99260.7, no public agency providing public transportation services,
after withdrawing from, or while remaining in, a joint powers entity
providing public transportation services, shall be eligible for
funding under this article, unless it conforms to Section 99268.1,
99268.2, 99268.3, 99268.4, or 99268.9, as the case may be, that the
joint powers entity is required to conform with in order to be
eligible for such funding at the time the public agency commences its
public transportation services. The public agency is an operator and
shall be subject to Section 99268.9.
99268.7. Any unallocated funds resulting from the limitations of
Section 99268 may be used for capital intensive transit-related
improvements. Every effort shall be made to obtain federal funds for
the purposes of this section. Such improvements shall include, but
not be limited to, park-and-ride lots, terminal facilities, bus
waiting shelters, exclusive lanes for buses, and the acquisition of
vehicles and rolling stock for replacement purposes.
99268.8. The required ratios of fare revenues to operating cost
prescribed by this article shall not apply to an extension of public
transportation services until two years after the end of the fiscal
year in which the extension of services was put into operation. As
used in this section, "extension of public transportation services"
includes additions of geographical areas or route miles, or
improvements in service frequency or hours of service greater than 25
percent of the route total, or the addition of new days of service,
and for transit service claimants also includes the addition of a new
type of service, such as van, taxi, or bus.
Within 90 days after the end of the first year of implementation,
the operator shall submit to the transportation planning agency, the
county transportation commission, or the San Diego Metropolitan
Transit Development Board having jurisdiction over it, a report on
the extension of public transportation services, including, but not
limited to, the area served, the revenues generated, and the cost to
provide the extended services.
99268.9. (a) Except as otherwise provided in subdivision (b), if an
operator was allocated funds under this article during a fiscal year
in which it did not maintain the required ratio of fare revenues to
operating cost, the operator's eligibility to receive moneys from the
local transportation fund and allocations pursuant to Sections
99313.3 and 99314.3 shall be reduced during a subsequent penalty year
by the amount of the difference between the required fare revenues
and the actual fare revenues for the fiscal year that the required
ratio was not maintained. The penalty year shall be the fiscal year
that begins one year after the end of the fiscal year during which
the required ratio was not maintained.
An operator subject to this subdivision shall demonstrate to the
transportation planning agency, the county transportation commission,
or the San Diego Metropolitan Transit Development Board how it will
achieve the required ratio of fare revenues during any penalty year.
(b) The first fiscal year for which an operator does not maintain
the required ratio of fare revenues to operating cost is deemed a
grace year, and shall not result in any penalty nor loss of
eligibility for funds under this article.
99268.11. Sections 99268.3, 99268.4, and 99268.9 may be waived by
the transportation planning agency with respect to an operator during
any fiscal year in which both of the following occurred, if the
waiver is necessary to enable the operator to provide vital public
transportation services:
(a) The operator sustained two separate work stoppages for 15 days
or longer due to labor disputes.
(b) At least one of the work stoppages was not related to a labor
dispute with the operator.
99268.12. Notwithstanding Sections 99268.2 and 99268.3, the
transportation planning agency or the county transportation
commission may set the required ratio of fare revenue to operating
cost at not less than three-twentieths for an operator in a county
with a population of 500,000 or less and serving an urbanized area
where funds may be allocated under Article 8 (commencing with Section
99400). Prior to setting the required ratio, the transportation
planning agency or the county transportation commission shall make
findings specifying the reasons for its action.
99268.16. Notwithstanding subdivision (a) of Section 99247, the
costs of providing ridesharing services are excluded from operating
costs.
99268.17. (a) Notwithstanding subdivision (a) of Section 99247, the
additional operating costs required to provide comparable
complementary paratransit service as required by Section 37.121 of
Title 49 of the Code of Federal Regulations, pursuant to the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.), as identified in the operator's paratransit plan pursuant to
Section 37.139 of Title 49 of the Code of Federal Regulations that
exceed the operator's costs required to provide comparable
complementary paratransit service in the prior year as adjusted by
the Consumer Price Index, shall be excluded from the definition of
operating cost for the purposes of calculating any required ratios of
fare revenues to operating cost specified in this article.
(b) The exclusion of costs from the definition of operating costs
in subdivision (a) applies solely for the purpose of this section and
does not authorize an operator to report an operating cost other
than as defined in subdivision (a) of Section 99247 or a ratio of
fare revenue to operating cost other than as that ratio is described
elsewhere in this article, to any of the following entities:
(1) The Controller pursuant to Section 99243.
(2) The entity conducting the fiscal audit pursuant to Section
99245.
(3) The entity conducting the performance audit pursuant to
Section 99246.
(c) This section shall become operative on January 1, 2007.
99268.18. The exclusions contained in Sections 99268.10, 99268.16,
and 99268.17 shall not be applicable for purposes of determining an
operator's compliance with Section 99268.
99268.19. If fare revenues are insufficient to meet the applicable
ratio of fare revenues to operating cost required by this article, an
operator may satisfy that requirement by supplementing its fare
revenues with local funds. "Local funds" means revenues derived from
taxes imposed by the operator or by a county transportation
commission created pursuant to Division 12 (commencing with Section
130000) of the Public Utilities Code.
99269. (a) Notwithstanding any other provision of this article, all
operators providing service within the area under the jurisdiction
of the San Diego Metropolitan Transit Development Board and filing
claims pursuant to Section 99260 shall be considered a single
operator. In order for all those operators to be eligible for funds
under this article, an areawide ratio of fare revenues to operating
cost, as defined by subdivision (a) of Section 99247, shall be
determined on the basis of the total operating cost and total fare
revenues of all the operators, which ratio shall not be less than the
areawide ratio for the 1978-79 fiscal year.
(b) In calculating the areawide ratio for the 1978-79 fiscal year,
only the fare revenues and the operating costs of those operators
that are in compliance with Section 99268, 99268.1, 99268.2, or
99268.3, whichever section was applicable to the operator during the
1978-79 fiscal year, are to be used.
(c) During the period of the first two years of operation, a new
operator subject to this section shall claim each year no more than
75 percent of its total operating cost for that year.
99270. On or after the first day of any fiscal year, an operator
may engage in temporary borrowing pursuant to Article 7.6 (commencing
with Section 53850), Chapter 4, Part 1, Division 2, Title 5 of the
Government Code and for such purposes "revenues" as defined in
Sections 53856 and 53858 of that code may include the amount of any
claim permitted under this article if a claim has been filed and
approved. The amount of any claim for the purposes of this section
shall be subject to the limitations on claims specified in this
chapter; provided that the calculations of the limitations referred
to herein may be based upon estimates of the operator.
The payments made for temporary borrowing authorized under this
section shall not be deemed capital expenditures for purposes of
Section 99267.
The power of an operator to levy taxes shall not be a prerequisite
to its power to issue notes as general obligations pursuant to
Article 7.6.
99270.1. If an operator serves urbanized and nonurbanized areas in
the area of jurisdiction of a transportation planning agency, the
transportation planning agency shall adopt rules and regulations to
determine what portion of the public transportation services of the
operator serves urbanized areas and what portion serves nonurbanized
areas to determine its required ratio of fare revenues to operating
cost, as defined by subdivision (a) of Section 99247, or its required
ratio of the sum of fare revenues and local support to operating
cost, or both.
The transportation planning agency shall submit the rules and
regulations to the department for approval.
99270.2. If an operator serves an area that was first designated as
an urbanized area in the 1980 or a subsequent federal census, the
transportation planning agency or the county transportation
commission may grant the operator time, but not more than five years
from July 1 of the year following the year of the census, to meet the
ratio of fare revenues to operating cost required of an operator
serving an urbanized area.
99270.5. In determining whether there is compliance with Section
99268.1, 99268.2, 99268.3, 99268.4, 99268.5, or 99268.9, as the case
may be, by operators serving the area of the San Francisco Bay Area
Rapid Transit District, excluding the City and County of San
Francisco, the Metropolitan Transportation Commission may make that
determination for all or some of the operators as a group, if the
Metropolitan Transportation Commission finds that the public
transportation services of the operators grouped are coordinated.
99271. (a) An operator shall be eligible for allocations under this
article, on and after July 1, 1976, only if the current cost of its
retirement system is fully funded with respect to the officers and
employees of its public transportation system, or if the operator is
implementing a plan approved by the transportation planning agency
which will fully fund the retirement system for such officers and
employees within 40 years.
(b) "Fully funded" with respect to the retirement system, means
that the system, at any particular time, has assets determined to be
sufficient to provide for the payment of all pension and other
benefits to such officers and employees then entitled, or who may
become entitled, under terms of the system to an immediate or
deferred benefit in respect to service rendered by such officers and
employees.
99272. An operator that has a private pension plan shall be
eligible for allocations under this article, on and after July 1,
1976, only if the operator does both of the following:
(a) Conducts periodic actuarial studies of its employee pension
plans to determine the annual cost of future pension benefits.
(b) Sets aside and invests, on a current basis, funds sufficient
to provide for the payment of future pension benefits.
99273. An operator that has a private pension plan shall be
eligible for allocations under this article, on and after July 1,
1976, only if the operator reports in its financial statements, at
least annually, all of the following:
(a) The actuarially determined amount of pension liability.
(b) The amount of cash funds set aside and invested to meet the
pension liability.
(c) The amount of any deficit in the pension fund.
(d) The financial plan adopted to eliminate the deficit in the
pension fund.
