99310. (a) The Transportation Planning and Development Account in
the State Transportation Fund, hereafter referred to as the "account"
in this article, is hereby continued in existence as the Public
Transportation Account in the fund.
(b) Any reference in any law or regulation to the Transportation
Planning and Development Account in the State Transportation Fund is
a reference to the Public Transportation Account.
99310.5. (a) The account is hereby designated a trust fund.
(b) The funds in the account shall be available, when appropriated
by the Legislature, only for transportation planning and mass
transportation purposes, as specified by the Legislature.
(c) The Legislature may amend this section by statute passed in
each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, if the statute is
consistent with, and furthers the purposes of, this section.
99310.6. Notwithstanding any other provision of law, the Department
of Finance may adjust the budgeting, accounting, and reporting
system for the Public Transportation Account so that unliquidated
encumbrances are not reflected in the fund balance or financial
statements.
99311. Upon appropriation by the Legislature, funds transferred, or
scheduled as a reimbursement, to the account, pursuant to Section
21682.5 of this code and Section 194 of the Streets and Highways
Code, shall be available for allocation by the director for the
following purposes:
(a) State transportation planning.
(b) Regional transportation planning by transportation planning
agencies designated pursuant to Section 29532 of the Government Code,
but not those specified in subdivision (b) of Section 29532.4 of the
Government Code.
99311.1. Upon appropriation by the Legislature, the director shall
allocate, from the account or from other available state or federal
sources, or from both state and federal sources, for the purposes of
subdivision (b) of Section 99311, an amount commensurate with the
historical annual allocation to transportation planning agencies
designated pursuant to Section 29532 of the Government Code that do
not directly receive federal planning funds, as set forth in Section
134 of Title 23 of the United States Code.
99311.5. The amount allocated to a transportation planning agency
designated pursuant to Section 29532 of the Government Code, for the
preparation or updating of a regional transportation plan pursuant to
Chapter 2.5 (commencing with Section 65080) of Title 7 of that code,
may be up to 70 percent of its nonfederally reimbursed costs for
regional transportation planning.
For a transportation planning agency in a county with a population
of less than 500,000 persons, the director may increase that
percentage, if the director determines it to be in the best interests
of regional and state transportation planning to do so.
99312. Except as provided in Sections 99311 and 99311.5, and except
as otherwise provided in subdivisions (d) and (e), the funds in the
account shall be made available for the following purposes:
(a) Twenty-five percent for purposes of Section 99315, subject to
appropriation by the Legislature.
(b) To the Controller, 37.5 percent for allocation to
transportation planning agencies, county transportation commissions,
and the San Diego Metropolitan Transit Development Board pursuant to
Section 99314. Commencing with the 2011-12 fiscal year, these funds
are hereby continuously appropriated for purposes of this
subdivision.
(c) To the Controller, 37.5 percent for allocation to
transportation agencies, county transportation commissions, and the
San Diego Metropolitan Transit Development Board for purposes of
Section 99313. Commencing with the 2011-12 fiscal year, these funds
are hereby continuously appropriated for purposes of this
subdivision.
(d) (1) For the 2009-10 fiscal year, notwithstanding any other
provision of this section or any other provision of law, the sum of
four hundred million dollars ($400,000,000) is hereby appropriated
from the account to the Controller for immediate allocation pursuant
to paragraph (2). These funds are intended to cover the two-year
period of the 2009-10 and 2010-11 fiscal years. The remaining funds
in the account subject to this section shall be available for the
purposes of Section 99315, subject to appropriation by the
Legislature.
(2) (A) Fifty percent of the amount appropriated to the Controller
pursuant to paragraph (1) shall be allocated to transportation
planning agencies, county transportation commissions, and the San
Diego Metropolitan Transit Development Board pursuant to Section
99314.
(B) Fifty percent of the amount appropriated to the Controller
pursuant to paragraph (1) shall be allocated to transportation
planning agencies, county transportation commissions, and the San
Diego Metropolitan Transit Development Board pursuant to Section
99313.
(e) For the 2010-11 fiscal year, notwithstanding any other
provision of this section or any other provision of law, the funds in
the account subject to this section shall be made available only for
purposes of Section 99315, subject to appropriation by the
Legislature.
99312.5. (a) In the case of a transportation planning agency with
county transportation commissions within its area of jurisdiction,
the allocations pursuant to Sections 99313 and 99314 to the
transportation planning agency shall be determined by excluding the
areas also under the jurisdiction of the county transportation
commissions.
(b) In the case of the transportation planning agency with the San
Diego Metropolitan Transit Development Board within its area of
jurisdiction, the allocations pursuant to Sections 99313 and 99314 to
the transportation planning agency shall be determined by excluding
the area also under the jurisdiction of the transit development
board.
99312.7. (a) Not later than each January 31st, the Controller shall
send to each transportation planning agency and county
transportation commission, and the San Diego Metropolitan Transit
Development Board, an estimate of the amount of funds to be allocated
to it during the next fiscal year pursuant to Sections 99313 and
99314.
(b) Not later than each August 1st, on the basis of the amount
appropriated in the Budget Act for purposes of Sections 99313 and
99314, the Controller shall send to each of the entities an estimate
of the amount of funds to be allocated to it during the fiscal year.
(c) No notification shall be required for a fiscal year if funding
for Sections 99313 and 99314 allocations is suspended pursuant to
subdivision (f) of Section 99312 or any other provision of law.
99313. From the funds made available pursuant to subdivision (c) of
Section 99312, an amount shall be allocated by the Controller to
each transportation planning agency and county transportation
commission, and the San Diego Metropolitan Transit Development Board,
based on the ratio of the population of the area under its
jurisdiction to the total population of the state.
99313.1. (a) A transportation planning agency, a county
transportation commission, or the San Diego Metropolitan Transit
Development Board may transfer any funds that it receives pursuant to
Section 99313 to another transportation planning agency, county
transportation commission, or the San Diego Metropolitan Transit
Development Board. Any funds transferred pursuant to this section
shall be used only for the purposes authorized by this chapter and
are subject to all statutes and rules and regulations applicable to
funds allocated pursuant to Section 99313.
(b) If one transfer has been completed between a transportation
planning agency, a county transportation commission, or the San Diego
Metropolitan Transit Development Board, pursuant to this section, no
other transfer may be made between the same parties.
(c) In the event of a transfer of funds to the Los Angeles County
Metropolitan Transportation Authority pursuant to this section, the
amount of that transfer, if any, which exceeds the amount of funds
transferred at that time by the Los Angeles County Metropolitan
Transportation Authority to the transferring transportation planning
agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, may not be used for the
purpose of funding an exclusive public mass transit guideway system
project. The Los Angeles County Metropolitan Transportation Authority
shall report to the Senate Committee on Transportation and Housing
and the Assembly Committee on Transportation on the expenditure of
any funds received by it pursuant to a transfer made pursuant to this
section.
99313.3. The amount received by each transportation planning agency
and county transportation commission, and the San Diego Metropolitan
Transit Development Board, pursuant to Sections 99313 and 99314,
shall be allocated for public transportation purposes, including
community transit services. Funds received pursuant to Section 99314
may be expended for community transit services pursuant to Section
99275.
99313.6. (a) Except as provided in subdivision (b), each
transportation planning agency and county transportation commission,
and the San Diego Metropolitan Transit Development Board, shall
create a state transit assistance fund and deposit therein the funds
allocated to it pursuant to Sections 99313 and 99314 for allocations
to operators, and to claimants for the purposes specified in Section
99275 and in subdivisions (b), (c), (d), and (e) of Section 99400,
within the area on which its allocation was determined.
(b) From funds allocated to it pursuant to Sections 99313 and
99314, the Los Angeles County Metropolitan Transportation Authority
may allocate funds to itself for the planning, design, and
construction of an exclusive public mass transit guideway system.
(c) An allocation of funds from a state transit assistance fund
for a transit capital project may be used for the payment of the
principal of, and interest on, equipment trust certificates, bonded
or other indebtedness, or in accomplishment of a defeasance of any
outstanding revenue bond indenture issued for that project.
(d) From funds allocated to it pursuant to Section 99313, the
Metropolitan Transportation Commission may allocate funds to itself
for projects to achieve regional transit coordination objectives.
(e) From funds allocated to the Metropolitan Transportation
Commission pursuant to Section 99313, upon a request of the Solano
Transportation Authority, the commission may allocate an amount of
funds to the authority for public transportation purposes, including
countywide transit planning and coordination relative to Solano
County.
99313.7. A public agency authorized to file claims with the
transportation planning agency and expend funds pursuant to Section
99234.5, 99234.7, or 99234.9 may also file claims, receive
allocations, and expend state transit assistance funds made available
pursuant to Sections 99313 and 99314.
99314. (a) From funds made available pursuant to subdivision (b) of
Section 99312, an amount shall be allocated by the Controller to
each transportation planning agency and county transportation
commission, and the San Diego Metropolitan Transit Development Board.
The allocation shall include an amount corresponding to each of the
member agencies of the Altamont Commuter Express Authority and the
Southern California Regional Rail Authority. The amount of funds
allocated shall be based on the ratio of the total revenue of all the
operators and the member agencies of the Altamont Commuter Express
Authority and the Southern California Regional Rail Authority in the
area under their respective jurisdictions during the prior fiscal
year to the total revenue of all the operators in the state and the
member agencies of the Altamont Commuter Express Authority and the
member agencies of the Southern California Regional Rail Authority
during the prior fiscal year.
(b) For purposes of this section and Section 99314.3, "revenue"
means fare revenues and any other funds used by the operator for its
transit operation, and the revenue that is derived from operating as
a member of the authority pursuant to Section 99314.1, except federal
and state funds which may only be used for transportation purposes
and funds allocated pursuant to Section 99233. The revenue amount for
each operator shall be determined from the annual report submitted
to the Legislature by the Controller pursuant to Section 99243.5. The
revenue amount for each member agency of the Altamont Commuter
Express Authority and the Southern California Regional Rail Authority
shall be determined by the revenues reported to the Controller by
the respective authorities in accordance to subdivision (b) of
Section 99314.1 and subdivision (b) of Section 99314.2, respectively.
(c) For the purposes of this section, any reference to the
"Altamont Commuter Express Authority" shall be construed to include a
reference to any entity that is a successor to the authority.
99314.1. (a) For purposes of this section, the following terms have
the following meanings:
(1) The "Altamont Commuter Express Authority" or the "authority"
is the joint powers agency duly formed pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code, by and between the Alameda Congestion
Management Agency, the Santa Clara Valley Transportation Authority,
and the San Joaquin Regional Rail Commission. Any reference to the
"Altamont Commuter Express Authority" or the "authority" shall be
construed to include a reference to any entity that is a successor to
the authority.
(2) "Revenue" means revenue, as defined in subdivision (b) of
Section 99314, that is derived from operating as a member agency of
the authority.
(b) The Altamont Commuter Express Authority shall report to the
Controller, for each fiscal year, the ratio that the revenue of each
member agency of the authority during the prior fiscal year bears to
the total revenue of the authority during that fiscal year.
(c) (1) From funds made available pursuant to subdivision (b) of
Section 99312, the Controller shall allocate to each member agency of
the authority an amount that is based on the ratio provided under
subdivision (b).
(2) The allocation set forth in paragraph (1) shall be in addition
to any other allocation provided under this article.
(3) Allocations made under this section shall be used only for
purposes authorized under this chapter.
99314.2. (a) For purposes of this section, the following terms have
the following meanings:
(1) The "Southern California Regional Rail Authority" or the
"authority" is that joint powers authority described in Section 14072
of the Government Code and includes any additional agencies that may
join the authority under Section 14072.2 of that code.
(2) "Revenue" means revenue, as defined in subdivision (b) of
Section 99314, that is derived from operating as a member agency of
the authority.
(b) The Southern California Regional Rail Authority shall report
to the Controller, on an annual basis, the ratio that the revenue of
each member agency of the authority during the prior fiscal year
bears to the total revenue of the authority during that fiscal year.
(c) (1) From funds made available pursuant to subdivision (b) of
Section 99312, the Controller shall allocate to each member agency of
the authority an amount that is based on the ratio provided under
subdivision (b).
(2) The allocation set forth in paragraph (1) shall be in addition
to any other allocation provided under this article.
(3) Allocations made under this section shall be used only for
purposes authorized under this chapter.
99314.3. (a) The amount received by each transportation planning
agency and county transportation commission, and the San Diego
Metropolitan Transit Development Board, pursuant to Section 99314
shall be allocated to the operators in the area of its jurisdiction.
(b) The amount of funds allocated by the Controller corresponding
to each of the member agencies of the Altamont Commuter Express
Authority and the member agencies of the Southern California Regional
Rail Authority, pursuant to Section 99314, shall be allocated by the
transportation planning agency having jurisdiction over the member
agency's area, for purposes authorized in this chapter. The
allocation shall be based on the ratio of the revenues of each of the
member agencies and of all the operators during the prior fiscal
year within the area of jurisdiction of the allocating agency,
commission, or board as the case may be.
(c) The amount allocated to each operator pursuant to this section
shall be based on the ratio of its revenue of all the operations and
the member agencies of the Altamont Commuter Express Authority and
the member agencies of the Southern California Rail Authority during
the prior fiscal year to the total revenue of all the operators
during the prior fiscal year within the area of jurisdiction of the
allocating agency, commission, or board, as the case may be.
(d) For purposes of subdivision (a), the City and County of San
Francisco with respect to its municipal railway system, the
Alameda-Contra Costa Transit District, and the San Francisco Bay Area
Rapid Transit District shall be considered one operator. The amount
allocated to them as one operator shall be apportioned to each of
them based on the ratio of its revenue to the sum of their revenues,
excluding from the determination of that ratio the amount allocated
to each of them pursuant to Section 29142.2.
99314.4. (a) An operator in an urbanized area having a population
of less than 200,000 persons may elect to participate in the funding
exchange program authorized by this subdivision. An operator electing
to participate in the funding exchange program shall give notice to
the director and shall indicate the amount of funds which it wants
allocated for the funding exchange program.
From funds that would otherwise be allocated to an operator
pursuant to Sections 99313.3, 99314, and 99314.3, an amount so
designated by the participating operator shall be allocated to the
department for transfer pursuant to an agreement between the
department and the State of Arizona whereby California can receive
federal mass transportation funds originally apportioned to the State
of Arizona.
The department shall allocate the federal mass transportation
funds so received to each participating operator in the same
proportion as the operator contributed to the funding exchange
program. Funds so received shall be used only for the purposes
authorized by this chapter and are subject to all statutes and rules
and regulations applicable to funds allocated pursuant to Sections
99313 and 99314.
The Legislature finds and declares that the exchange of state
funds for federal mass transportation funds authorized by this
section will result in a net increase in the total amount of funds to
be available to the participating operators.
(b) A transportation planning agency, county transportation
commission, or transit development board may authorize an operator
under its jurisdiction to exchange funds allocated to it pursuant to
Section 99314.3 for funds made available pursuant to Section 99231.
Any funds allocated pursuant to Section 99314.3 that are exchanged
pursuant to this subdivision shall only be available to other
operators and shall be used for the purposes authorized by this
chapter and are subject to all statutes and rules and regulations
applicable to funds allocated pursuant to Section 99314.3. Exchanges
pursuant to this subdivision shall be on a dollar-for-dollar basis.
99314.5. (a) No funds allocated pursuant to Section 99313.3 or
99314.3 shall be allocated to an operator unless it is eligible for
allocations under Article 4 (commencing with Section 99260), without
considering any funds to be allocated to it pursuant to those
sections, or it is in a county in which funds may be allocated for
purposes specified in Section 99400.
(b) No funds allocated pursuant to Section 99313.3 shall be
allocated to a city or county for the purposes specified in
subdivisions (b), (c), (d), and (e) of Section 99400 unless it is
eligible for allocations under Article 8 (commencing with Section
99400) for those purposes, without considering any funds to be
allocated to it pursuant to that section.
(c) It is the intent of the Legislature that, in allocating the
funds, the transportation planning agencies and the county
transportation commissions, and the San Diego Metropolitan Transit
Development Board, give priority consideration to claims to offset
reductions in federal operating assistance and the unanticipated
increase in the cost of fuel, to enhance existing public
transportation services, and to meet high-priority regional,
countywide, or areawide public transportation needs.
(d) No funds allocated pursuant to Section 99313.3 or 99314.3
shall be allocated to a claimant for the purposes specified in
Section 99275 unless it is eligible for allocation under Article 4.5
(commencing with Section 99275) for those purposes, without
considering any funds to be allocated to it pursuant to those
sections.
(e) Nothing in this section shall be construed to prohibit, or
limit the ability of, a public transit operator to do the following:
(1) Contract with common carriers of persons operating under a
franchise or license.
(2) Employ part-time drivers.
99314.6. (a) Except as provided in Section 99314.7, the following
eligibility standards apply:
(1) Except as provided in paragraph (2), funds shall not be
allocated for operating purposes pursuant to Sections 99313 and 99314
to an operator unless the operator meets either of the following
efficiency standards:
(A) The operator's total operating cost per revenue vehicle hour
in the latest year for which audited data are available does not
exceed the sum of the preceding year's total operating cost per
revenue vehicle hour and an amount equal to the product of the
percentage change in the Consumer Price Index for the same period
multiplied by the preceding year's total operating cost per revenue
vehicle hour.
(B) The operator's average total operating cost per revenue
vehicle hour in the latest three years for which audited data are
available does not exceed the sum of the average of the total
operating cost per revenue vehicle hour in the three years preceding
the latest year for which audited data are available and an amount
equal to the product of the average percentage change in the Consumer
Price Index for the same period multiplied by the average total
operating cost per revenue vehicle hour in the same three years.
(2) The transportation planning agency, county transportation
commission, or the San Diego Metropolitan Transit Development Board,
as the case may be, shall adjust the calculation of operating costs
and revenue vehicle hours pursuant to paragraph (1) to account for
either or both of the following factors:
(A) Exclusion of costs increases beyond the change in the Consumer
Price Index for fuel; alternative fuel programs; power, including
electricity; insurance premiums and payments in settlement of claims
arising out of the operator's liability; or state or federal
mandates, including 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.
(B) Exclusion of startup costs for new services for a period of
not more than two years.
(3) Funds withheld from allocation to an operator pursuant to
paragraph (1) shall be retained by the transportation planning
agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be, for
reallocation to that operator for two years following the year of
ineligibility. In a year in which an operator's funds are allocated
pursuant to paragraph (1), funds withheld from allocation during a
preceding year shall also be allocated. Funds not allocated before
the commencement of the third year following the year of
ineligibility shall be reallocated to cost effective high priority
regional transit activities, as determined by the transportation
planning agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be. If that
agency or commission, or the board, determines that no cost effective
high priority regional transit activity exists, the unallocated
funds shall revert to the Controller for reallocation.
(b) As used in this section, the following terms have the
following meanings:
(1) "Operating cost" means the total operating cost as reported by
the operator under the Uniform System of Accounts and Records,
pursuant to Section 99243 and subdivision (a) of Section 99247.
(2) "Revenue vehicle hours" has the same meaning as "vehicle
service hours," as defined in subdivision (h) of Section 99247.
(3) "Consumer Price Index," as applied to an operator, is the
regional Consumer Price Index for that operator's region, as
published by the United States Bureau of Labor Statistics. If a
regional index is not published, the index for the State of
California applies.
(4) "New service" has the same meaning as "extension of public
transportation services" as defined in Section 99268.8.
(c) The restrictions in this section do not apply to allocations
made for capital purposes.
(d) The exclusion of costs increases described in paragraph (2) of
subdivision (a) applies solely for the purpose of calculating an
operator's eligibility to claim funds pursuant to this section and
does not authorize an operator to report an operating cost per
revenue vehicle hour other than as described in this section and in
Section 99247, 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.
(e) The restrictions in this section shall not apply to the
allocation of funds made pursuant to Sections 99313 and 99314 after
January 1, 2010, and through the 2011-12 fiscal year.
99314.7. (a) In allocating funds for operating purposes pursuant to
Sections 99313 and 99314, the Metropolitan Transportation Commission
shall apply the following eligibility standards to the operators
within the region subject to its jurisdiction:
(1) An operator is not eligible for its full allocation under this
section unless the operator has been found to have made reasonable
effort in implementing productivity improvements pursuant to Section
99244. In determining whether a reasonable effort has been made, the
Metropolitan Transportation Commission shall give consideration to
whether the operator would qualify for funding under Section 99314.6.
The amount of funds allocated shall be reduced in an amount that the
Metropolitan Transportation Commission deems proportionate to the
failure of the operator to implement the recommended improvements.
The Metropolitan Transportation Commission shall adopt rules and
regulations, in cooperation with the affected operators, governing
the allocation of any funds withheld under this paragraph, subject to
paragraphs (2) and (3).
(2) Notwithstanding paragraph (1), an operator shall not receive
any funds pursuant to Section 99313 or 99314 unless it has complied
with the applicable rules , regulations, and recommendations adopted
by the Metropolitan Transportation Commission pursuant to Sections
66516 and 66516.5 of the Government Code.
(3) Funds withheld from allocation to an operator pursuant to
paragraph (1) shall be retained by the Metropolitan Transportation
Commission for reallocation to that operator for two years following
the year of ineligibility. With respect to the funds withheld from an
operator pursuant to paragraph (1), the Metropolitan Transportation
Commission shall reallocate those funds to the operator if the
operator complies with that paragraph within two years. Funds not
reallocated to the operator, and funds withheld pursuant to paragraph
(2), shall be allocated to any eligible operator within the region
subject to the jurisdiction of the Metropolitan Transportation
Commission for the purpose of improving coordination among the
operators, or to any operator whose increase in total operating cost
per revenue vehicle hour is less than the increase in the Consumer
Price Index. Funds allocated for these purposes are exempt from
subdivision (a).
(b) For purposes of this section, "operating cost," "revenue
vehicle hour," and "Consumer Price Index" have the same meaning as
defined in Section 99314.6.
99315. Funds made available pursuant to subdivision (a) of Section
99312 shall be available for all of the following purposes:
(a) To the department for bus and passenger rail services pursuant
to Sections 14035, 14035.5, and 14038 of the Government Code.
(b) To the department for funding of public transit capital
improvement projects in the state transportation improvement program,
pursuant to Section 14529 of the Government Code.
(c) To the department for its planning activities not payable from
the State Highway Account in the State Transportation Fund, its mass
transportation responsibilities, and its assistance in regional
transportation planning.
(d) To the department for allocation by the director to the
Institute of Transportation Studies of the University of California
for training and research in public transportation systems
engineering and management and coordination with other transportation
modes.
(e) To the commission for its activities not payable from the
State Highway Account.
(f) To the Public Utilities Commission for its passenger rail
safety responsibilities specified in statute on commuter rail,
intercity rail, and urban rail transit lines.
(g) For transfer to the Transportation Debt Service Fund created
by Section 16965 of the Government Code to reimburse the General Fund
for current year debt service payments on rail and transit-related
general obligation bonds other than those issued pursuant to the
Clean Air and Transportation Improvement Act of 1990 (Part 11.5
(commencing with Section 99600)), as follows:
(1) For the 2009-10 fiscal year, the Controller shall transfer up
to one hundred forty-two million fifty-eight thousand dollars
($142,058,000) to the fund upon order of the Director of Finance for
debt service paid or payable within that fiscal year.
(2) For the 2010-11 fiscal year, the Controller shall transfer up
to two hundred fifty-four million two hundred twenty-two thousand
dollars ($254,222,000) to the fund, as follows:
(A) By the 15th of every month, the Treasurer, in consultation
with the Director of Finance, shall notify the Controller of the
amount of debt service that will be paid on each transportation bond
during that month.
(B) Within two business days following the 28th of every month,
the Controller shall transfer from the account to the Transportation
Debt Service Fund an amount equal to monthly debt service paid by the
General Fund on any bonds issued pursuant to Proposition 108 (1990)
and Proposition 1A (2008), and one-quarter of the monthly debt
service paid by the General Fund on any bonds issued pursuant to
Proposition 1B (2006).
99315.7. All funds from the Public Transportation Account and the
State Highway Account, State Transportation Fund, previously
allocated by the commission or the department to the new Fresno
Amtrak Station project shall also be available for expenditure on any
form of Amtrak project in the Fresno downtown area, including, but
not limited to, the rehabilitation of the former Santa Fe Railway
station, as approved by the commission or the department or the
commission and the department. The encumbering and expending of funds
for this project is not subject to an additional allocation action
or approval action, or both actions, by the commission.
99315.8. All funds from the Public Transportation Account and the
State Highway Account, in the State Transportation Fund, previously
allocated by the commission for specific track repair and rolling
stock acquisitions through resolutions number MFP-95-05, MFP-95-10,
MPFP-95-01, MFA-96-01, and MBFA-98-01 shall also be available for
expenditure on any form of track improvement project, track
rehabilitation project, or rolling stock acquisition project
nominated by the North Coast Railroad Authority, as approved by the
commission. Projects nominated by the North Coast Railroad Authority,
for which funds in the State Highway Account in the State
Transportation Fund are to be used, are also required to be eligible
under Article XIX of the California Constitution. The encumbering and
expending of funds for this project is not subject to an additional
allocation action or approval action, or both actions, by the
commission.
99315.95. All funds from the Public Transportation Account and the
State Highway Account, in the State Transportation Fund, previously
allocated by the California Transportation Commission to the City of
Seaside for the acquisition of right-of-way for the Fort Ord rail
station shall also be available for expenditure by the Transportation
Agency for Monterey County for work at the Monterey Bay rail
station. The commission shall oversee the timely use of these funds
in accordance with the requirements specified in current law.
99316. Funds made available pursuant to subdivision (a) of Section
99315 shall be appropriated to the department for allocation, as
directed by the commission, for purposes of bus and passenger rail
services pursuant to Sections 14035, 14035.5, and 14038 of the
Government Code.
99317. (a) Funds made available pursuant to subdivision (b) of
Section 99315 shall be appropriated to the department for allocation,
as directed by the commission, to fund public transit capital
improvement projects that maintain or improve public transit service.
(b) Funds made available for capital outlay pursuant to
subdivision (a) of Section 14031.6 of the Government Code and
subdivision (a) of Section 99315 shall be appropriated to the
department, as directed by the commission, solely for capital outlay
improvements and rolling stock on intercity rail passenger routes.
(c) The Legislature may amend this section, by statute passed in
each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, if the statute is
consistent with, and furthers the purposes of, this section.
99317.1. (a) Funds appropriated pursuant to subdivision (a) of
Section 99317 shall, in addition to the purposes specified in that
section, be available for short-line railroad rehabilitation
projects, through the state transportation improvement program.
(1) Projects eligible for funding pursuant to this subdivision
shall be limited to railroad rehabilitation projects.
(2) To be eligible for funding pursuant to this subdivision, a
project proposal shall be submitted by a public entity. The public
entity shall submit a project proposal only if it has made a finding,
following a public hearing, that rail service on the affected
railroad would be in imminent danger of being discontinued without
the expenditure of public funds, and that continuation of the service
serves a public purpose.
(b) As used in this section, "short-line railroad" means any
standard gauge railroad which is being, or is planned to be, used for
passenger service, other than a class I railroad, as that term is
used and applied in federal law.
99317.8. (a) A public agency that has received an allocation for
funding of an intermodal transfer station pursuant to subdivision (a)
of Section 99317 shall provide for maintaining the station and its
appurtenances, including, but not limited to, restroom facilities, in
good condition and repair, and in accordance with high standards of
cleanliness. As part of its duties in monitoring state-funded rail
and bus services, the department shall, at least annually, conduct an
unannounced inspection of each facility and make recommendations, if
any, to the operating agency. Results of the department's
inspections shall be included in the passenger rail element of the
State Rail Plan required pursuant to Section 14036 of the Government
Code. If appropriate remedial action is not taken, the department may
recommend to the commission that future applications for transit
capital funding be denied.
(b) The Legislature finds and declares that regular inspections of
intermodal stations are necessary to protect the state's capital
investment in these essential transportation facilities and to avoid
the problems resulting from deferred maintenance.
99317.9. The department and the commission shall give reasonable
priority to allocations pursuant to subdivision (a) of Section 99317
to station projects that improve access for visitors to state
prisons.
99317.10. (a) A public entity which has received an allocation for
funding of an intermodal transfer station pursuant to subdivision (a)
of Section 99317 shall, upon request of the department, authorize
state-funded bus service to use the station without any charge to the
department or its contractors, and shall assist the department in
the placement of signs and informational material designed to alert
the public to the availability of the state-funded bus service.
(b) A public entity shall not be eligible to receive an allocation
for funding of an intermodal transfer station pursuant to
subdivision (a) of Section 99317 unless it first agrees that, upon
any future request of the department, it will authorize a
state-funded bus service to use the station without any charge to the
department or its contractors and it will assist the department in
the placement of signs and informational material designed to alert
the public to the availability of the state-funded bus service.
(c) For the purpose of this section, "state-funded bus service"
means any bus service funded pursuant to Section 99316.
99318.1. An intercity rail project nominated by the department
shall be eligible to compete for funding pursuant to Section 99317 if
it is recommended in the passenger rail element of the State Rail
Plan prepared pursuant to Section 14036 of the Government Code, or an
update to that plan.
99319. (a) If a rail capital improvement project proposed for
funding by the department or a local agency includes as an element
the addition or improvement of rail passenger service boarding
platforms, those platforms shall be constructed in conformity with
applicable rules and orders of the Public Utilities Commission and in
such a manner that the top of each platform is not less than eight
inches above the adjacent rails, unless the department makes a
finding that the circumstances in a particular case warrant otherwise
and obtains approval from the Public Utilities Commission for any
deviation from its applicable rules and orders.
(b) The requirements of this section apply to all passenger
service boarding platforms constructed with funds made available
pursuant to Section 14031.6 of the Government Code, Sections 99234.5,
99234.9 and 99317 of this code, Section 164 of the Streets and
Highways Code, and funds made available from the proceeds of state
general obligation bonds issued for the purposes of rail capital
improvements.
99310. (a) The Transportation Planning and Development Account in
the State Transportation Fund, hereafter referred to as the "account"
in this article, is hereby continued in existence as the Public
Transportation Account in the fund.
(b) Any reference in any law or regulation to the Transportation
Planning and Development Account in the State Transportation Fund is
a reference to the Public Transportation Account.
99310.5. (a) The account is hereby designated a trust fund.
(b) The funds in the account shall be available, when appropriated
by the Legislature, only for transportation planning and mass
transportation purposes, as specified by the Legislature.
(c) The Legislature may amend this section by statute passed in
each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, if the statute is
consistent with, and furthers the purposes of, this section.
99310.6. Notwithstanding any other provision of law, the Department
of Finance may adjust the budgeting, accounting, and reporting
system for the Public Transportation Account so that unliquidated
encumbrances are not reflected in the fund balance or financial
statements.
99311. Upon appropriation by the Legislature, funds transferred, or
scheduled as a reimbursement, to the account, pursuant to Section
21682.5 of this code and Section 194 of the Streets and Highways
Code, shall be available for allocation by the director for the
following purposes:
(a) State transportation planning.
(b) Regional transportation planning by transportation planning
agencies designated pursuant to Section 29532 of the Government Code,
but not those specified in subdivision (b) of Section 29532.4 of the
Government Code.
99311.1. Upon appropriation by the Legislature, the director shall
allocate, from the account or from other available state or federal
sources, or from both state and federal sources, for the purposes of
subdivision (b) of Section 99311, an amount commensurate with the
historical annual allocation to transportation planning agencies
designated pursuant to Section 29532 of the Government Code that do
not directly receive federal planning funds, as set forth in Section
134 of Title 23 of the United States Code.
99311.5. The amount allocated to a transportation planning agency
designated pursuant to Section 29532 of the Government Code, for the
preparation or updating of a regional transportation plan pursuant to
Chapter 2.5 (commencing with Section 65080) of Title 7 of that code,
may be up to 70 percent of its nonfederally reimbursed costs for
regional transportation planning.
For a transportation planning agency in a county with a population
of less than 500,000 persons, the director may increase that
percentage, if the director determines it to be in the best interests
of regional and state transportation planning to do so.
99312. Except as provided in Sections 99311 and 99311.5, and except
as otherwise provided in subdivisions (d) and (e), the funds in the
account shall be made available for the following purposes:
(a) Twenty-five percent for purposes of Section 99315, subject to
appropriation by the Legislature.
(b) To the Controller, 37.5 percent for allocation to
transportation planning agencies, county transportation commissions,
and the San Diego Metropolitan Transit Development Board pursuant to
Section 99314. Commencing with the 2011-12 fiscal year, these funds
are hereby continuously appropriated for purposes of this
subdivision.
(c) To the Controller, 37.5 percent for allocation to
transportation agencies, county transportation commissions, and the
San Diego Metropolitan Transit Development Board for purposes of
Section 99313. Commencing with the 2011-12 fiscal year, these funds
are hereby continuously appropriated for purposes of this
subdivision.
(d) (1) For the 2009-10 fiscal year, notwithstanding any other
provision of this section or any other provision of law, the sum of
four hundred million dollars ($400,000,000) is hereby appropriated
from the account to the Controller for immediate allocation pursuant
to paragraph (2). These funds are intended to cover the two-year
period of the 2009-10 and 2010-11 fiscal years. The remaining funds
in the account subject to this section shall be available for the
purposes of Section 99315, subject to appropriation by the
Legislature.
(2) (A) Fifty percent of the amount appropriated to the Controller
pursuant to paragraph (1) shall be allocated to transportation
planning agencies, county transportation commissions, and the San
Diego Metropolitan Transit Development Board pursuant to Section
99314.
(B) Fifty percent of the amount appropriated to the Controller
pursuant to paragraph (1) shall be allocated to transportation
planning agencies, county transportation commissions, and the San
Diego Metropolitan Transit Development Board pursuant to Section
99313.
(e) For the 2010-11 fiscal year, notwithstanding any other
provision of this section or any other provision of law, the funds in
the account subject to this section shall be made available only for
purposes of Section 99315, subject to appropriation by the
Legislature.
99312.5. (a) In the case of a transportation planning agency with
county transportation commissions within its area of jurisdiction,
the allocations pursuant to Sections 99313 and 99314 to the
transportation planning agency shall be determined by excluding the
areas also under the jurisdiction of the county transportation
commissions.
(b) In the case of the transportation planning agency with the San
Diego Metropolitan Transit Development Board within its area of
jurisdiction, the allocations pursuant to Sections 99313 and 99314 to
the transportation planning agency shall be determined by excluding
the area also under the jurisdiction of the transit development
board.
99312.7. (a) Not later than each January 31st, the Controller shall
send to each transportation planning agency and county
transportation commission, and the San Diego Metropolitan Transit
Development Board, an estimate of the amount of funds to be allocated
to it during the next fiscal year pursuant to Sections 99313 and
99314.
(b) Not later than each August 1st, on the basis of the amount
appropriated in the Budget Act for purposes of Sections 99313 and
99314, the Controller shall send to each of the entities an estimate
of the amount of funds to be allocated to it during the fiscal year.
(c) No notification shall be required for a fiscal year if funding
for Sections 99313 and 99314 allocations is suspended pursuant to
subdivision (f) of Section 99312 or any other provision of law.
99313. From the funds made available pursuant to subdivision (c) of
Section 99312, an amount shall be allocated by the Controller to
each transportation planning agency and county transportation
commission, and the San Diego Metropolitan Transit Development Board,
based on the ratio of the population of the area under its
jurisdiction to the total population of the state.
99313.1. (a) A transportation planning agency, a county
transportation commission, or the San Diego Metropolitan Transit
Development Board may transfer any funds that it receives pursuant to
Section 99313 to another transportation planning agency, county
transportation commission, or the San Diego Metropolitan Transit
Development Board. Any funds transferred pursuant to this section
shall be used only for the purposes authorized by this chapter and
are subject to all statutes and rules and regulations applicable to
funds allocated pursuant to Section 99313.
(b) If one transfer has been completed between a transportation
planning agency, a county transportation commission, or the San Diego
Metropolitan Transit Development Board, pursuant to this section, no
other transfer may be made between the same parties.
(c) In the event of a transfer of funds to the Los Angeles County
Metropolitan Transportation Authority pursuant to this section, the
amount of that transfer, if any, which exceeds the amount of funds
transferred at that time by the Los Angeles County Metropolitan
Transportation Authority to the transferring transportation planning
agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, may not be used for the
purpose of funding an exclusive public mass transit guideway system
project. The Los Angeles County Metropolitan Transportation Authority
shall report to the Senate Committee on Transportation and Housing
and the Assembly Committee on Transportation on the expenditure of
any funds received by it pursuant to a transfer made pursuant to this
section.
99313.3. The amount received by each transportation planning agency
and county transportation commission, and the San Diego Metropolitan
Transit Development Board, pursuant to Sections 99313 and 99314,
shall be allocated for public transportation purposes, including
community transit services. Funds received pursuant to Section 99314
may be expended for community transit services pursuant to Section
99275.
99313.6. (a) Except as provided in subdivision (b), each
transportation planning agency and county transportation commission,
and the San Diego Metropolitan Transit Development Board, shall
create a state transit assistance fund and deposit therein the funds
allocated to it pursuant to Sections 99313 and 99314 for allocations
to operators, and to claimants for the purposes specified in Section
99275 and in subdivisions (b), (c), (d), and (e) of Section 99400,
within the area on which its allocation was determined.
(b) From funds allocated to it pursuant to Sections 99313 and
99314, the Los Angeles County Metropolitan Transportation Authority
may allocate funds to itself for the planning, design, and
construction of an exclusive public mass transit guideway system.
(c) An allocation of funds from a state transit assistance fund
for a transit capital project may be used for the payment of the
principal of, and interest on, equipment trust certificates, bonded
or other indebtedness, or in accomplishment of a defeasance of any
outstanding revenue bond indenture issued for that project.
(d) From funds allocated to it pursuant to Section 99313, the
Metropolitan Transportation Commission may allocate funds to itself
for projects to achieve regional transit coordination objectives.
(e) From funds allocated to the Metropolitan Transportation
Commission pursuant to Section 99313, upon a request of the Solano
Transportation Authority, the commission may allocate an amount of
funds to the authority for public transportation purposes, including
countywide transit planning and coordination relative to Solano
County.
99313.7. A public agency authorized to file claims with the
transportation planning agency and expend funds pursuant to Section
99234.5, 99234.7, or 99234.9 may also file claims, receive
allocations, and expend state transit assistance funds made available
pursuant to Sections 99313 and 99314.
99314. (a) From funds made available pursuant to subdivision (b) of
Section 99312, an amount shall be allocated by the Controller to
each transportation planning agency and county transportation
commission, and the San Diego Metropolitan Transit Development Board.
The allocation shall include an amount corresponding to each of the
member agencies of the Altamont Commuter Express Authority and the
Southern California Regional Rail Authority. The amount of funds
allocated shall be based on the ratio of the total revenue of all the
operators and the member agencies of the Altamont Commuter Express
Authority and the Southern California Regional Rail Authority in the
area under their respective jurisdictions during the prior fiscal
year to the total revenue of all the operators in the state and the
member agencies of the Altamont Commuter Express Authority and the
member agencies of the Southern California Regional Rail Authority
during the prior fiscal year.
(b) For purposes of this section and Section 99314.3, "revenue"
means fare revenues and any other funds used by the operator for its
transit operation, and the revenue that is derived from operating as
a member of the authority pursuant to Section 99314.1, except federal
and state funds which may only be used for transportation purposes
and funds allocated pursuant to Section 99233. The revenue amount for
each operator shall be determined from the annual report submitted
to the Legislature by the Controller pursuant to Section 99243.5. The
revenue amount for each member agency of the Altamont Commuter
Express Authority and the Southern California Regional Rail Authority
shall be determined by the revenues reported to the Controller by
the respective authorities in accordance to subdivision (b) of
Section 99314.1 and subdivision (b) of Section 99314.2, respectively.
(c) For the purposes of this section, any reference to the
"Altamont Commuter Express Authority" shall be construed to include a
reference to any entity that is a successor to the authority.
99314.1. (a) For purposes of this section, the following terms have
the following meanings:
(1) The "Altamont Commuter Express Authority" or the "authority"
is the joint powers agency duly formed pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code, by and between the Alameda Congestion
Management Agency, the Santa Clara Valley Transportation Authority,
and the San Joaquin Regional Rail Commission. Any reference to the
"Altamont Commuter Express Authority" or the "authority" shall be
construed to include a reference to any entity that is a successor to
the authority.
(2) "Revenue" means revenue, as defined in subdivision (b) of
Section 99314, that is derived from operating as a member agency of
the authority.
(b) The Altamont Commuter Express Authority shall report to the
Controller, for each fiscal year, the ratio that the revenue of each
member agency of the authority during the prior fiscal year bears to
the total revenue of the authority during that fiscal year.
(c) (1) From funds made available pursuant to subdivision (b) of
Section 99312, the Controller shall allocate to each member agency of
the authority an amount that is based on the ratio provided under
subdivision (b).
(2) The allocation set forth in paragraph (1) shall be in addition
to any other allocation provided under this article.
(3) Allocations made under this section shall be used only for
purposes authorized under this chapter.
99314.2. (a) For purposes of this section, the following terms have
the following meanings:
(1) The "Southern California Regional Rail Authority" or the
"authority" is that joint powers authority described in Section 14072
of the Government Code and includes any additional agencies that may
join the authority under Section 14072.2 of that code.
(2) "Revenue" means revenue, as defined in subdivision (b) of
Section 99314, that is derived from operating as a member agency of
the authority.
(b) The Southern California Regional Rail Authority shall report
to the Controller, on an annual basis, the ratio that the revenue of
each member agency of the authority during the prior fiscal year
bears to the total revenue of the authority during that fiscal year.
(c) (1) From funds made available pursuant to subdivision (b) of
Section 99312, the Controller shall allocate to each member agency of
the authority an amount that is based on the ratio provided under
subdivision (b).
(2) The allocation set forth in paragraph (1) shall be in addition
to any other allocation provided under this article.
(3) Allocations made under this section shall be used only for
purposes authorized under this chapter.
99314.3. (a) The amount received by each transportation planning
agency and county transportation commission, and the San Diego
Metropolitan Transit Development Board, pursuant to Section 99314
shall be allocated to the operators in the area of its jurisdiction.
(b) The amount of funds allocated by the Controller corresponding
to each of the member agencies of the Altamont Commuter Express
Authority and the member agencies of the Southern California Regional
Rail Authority, pursuant to Section 99314, shall be allocated by the
transportation planning agency having jurisdiction over the member
agency's area, for purposes authorized in this chapter. The
allocation shall be based on the ratio of the revenues of each of the
member agencies and of all the operators during the prior fiscal
year within the area of jurisdiction of the allocating agency,
commission, or board as the case may be.
(c) The amount allocated to each operator pursuant to this section
shall be based on the ratio of its revenue of all the operations and
the member agencies of the Altamont Commuter Express Authority and
the member agencies of the Southern California Rail Authority during
the prior fiscal year to the total revenue of all the operators
during the prior fiscal year within the area of jurisdiction of the
allocating agency, commission, or board, as the case may be.
(d) For purposes of subdivision (a), the City and County of San
Francisco with respect to its municipal railway system, the
Alameda-Contra Costa Transit District, and the San Francisco Bay Area
Rapid Transit District shall be considered one operator. The amount
allocated to them as one operator shall be apportioned to each of
them based on the ratio of its revenue to the sum of their revenues,
excluding from the determination of that ratio the amount allocated
to each of them pursuant to Section 29142.2.
99314.4. (a) An operator in an urbanized area having a population
of less than 200,000 persons may elect to participate in the funding
exchange program authorized by this subdivision. An operator electing
to participate in the funding exchange program shall give notice to
the director and shall indicate the amount of funds which it wants
allocated for the funding exchange program.
From funds that would otherwise be allocated to an operator
pursuant to Sections 99313.3, 99314, and 99314.3, an amount so
designated by the participating operator shall be allocated to the
department for transfer pursuant to an agreement between the
department and the State of Arizona whereby California can receive
federal mass transportation funds originally apportioned to the State
of Arizona.
The department shall allocate the federal mass transportation
funds so received to each participating operator in the same
proportion as the operator contributed to the funding exchange
program. Funds so received shall be used only for the purposes
authorized by this chapter and are subject to all statutes and rules
and regulations applicable to funds allocated pursuant to Sections
99313 and 99314.
The Legislature finds and declares that the exchange of state
funds for federal mass transportation funds authorized by this
section will result in a net increase in the total amount of funds to
be available to the participating operators.
(b) A transportation planning agency, county transportation
commission, or transit development board may authorize an operator
under its jurisdiction to exchange funds allocated to it pursuant to
Section 99314.3 for funds made available pursuant to Section 99231.
Any funds allocated pursuant to Section 99314.3 that are exchanged
pursuant to this subdivision shall only be available to other
operators and shall be used for the purposes authorized by this
chapter and are subject to all statutes and rules and regulations
applicable to funds allocated pursuant to Section 99314.3. Exchanges
pursuant to this subdivision shall be on a dollar-for-dollar basis.
99314.5. (a) No funds allocated pursuant to Section 99313.3 or
99314.3 shall be allocated to an operator unless it is eligible for
allocations under Article 4 (commencing with Section 99260), without
considering any funds to be allocated to it pursuant to those
sections, or it is in a county in which funds may be allocated for
purposes specified in Section 99400.
(b) No funds allocated pursuant to Section 99313.3 shall be
allocated to a city or county for the purposes specified in
subdivisions (b), (c), (d), and (e) of Section 99400 unless it is
eligible for allocations under Article 8 (commencing with Section
99400) for those purposes, without considering any funds to be
allocated to it pursuant to that section.
(c) It is the intent of the Legislature that, in allocating the
funds, the transportation planning agencies and the county
transportation commissions, and the San Diego Metropolitan Transit
Development Board, give priority consideration to claims to offset
reductions in federal operating assistance and the unanticipated
increase in the cost of fuel, to enhance existing public
transportation services, and to meet high-priority regional,
countywide, or areawide public transportation needs.
(d) No funds allocated pursuant to Section 99313.3 or 99314.3
shall be allocated to a claimant for the purposes specified in
Section 99275 unless it is eligible for allocation under Article 4.5
(commencing with Section 99275) for those purposes, without
considering any funds to be allocated to it pursuant to those
sections.
(e) Nothing in this section shall be construed to prohibit, or
limit the ability of, a public transit operator to do the following:
(1) Contract with common carriers of persons operating under a
franchise or license.
(2) Employ part-time drivers.
99314.6. (a) Except as provided in Section 99314.7, the following
eligibility standards apply:
(1) Except as provided in paragraph (2), funds shall not be
allocated for operating purposes pursuant to Sections 99313 and 99314
to an operator unless the operator meets either of the following
efficiency standards:
(A) The operator's total operating cost per revenue vehicle hour
in the latest year for which audited data are available does not
exceed the sum of the preceding year's total operating cost per
revenue vehicle hour and an amount equal to the product of the
percentage change in the Consumer Price Index for the same period
multiplied by the preceding year's total operating cost per revenue
vehicle hour.
(B) The operator's average total operating cost per revenue
vehicle hour in the latest three years for which audited data are
available does not exceed the sum of the average of the total
operating cost per revenue vehicle hour in the three years preceding
the latest year for which audited data are available and an amount
equal to the product of the average percentage change in the Consumer
Price Index for the same period multiplied by the average total
operating cost per revenue vehicle hour in the same three years.
(2) The transportation planning agency, county transportation
commission, or the San Diego Metropolitan Transit Development Board,
as the case may be, shall adjust the calculation of operating costs
and revenue vehicle hours pursuant to paragraph (1) to account for
either or both of the following factors:
(A) Exclusion of costs increases beyond the change in the Consumer
Price Index for fuel; alternative fuel programs; power, including
electricity; insurance premiums and payments in settlement of claims
arising out of the operator's liability; or state or federal
mandates, including 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.
(B) Exclusion of startup costs for new services for a period of
not more than two years.
(3) Funds withheld from allocation to an operator pursuant to
paragraph (1) shall be retained by the transportation planning
agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be, for
reallocation to that operator for two years following the year of
ineligibility. In a year in which an operator's funds are allocated
pursuant to paragraph (1), funds withheld from allocation during a
preceding year shall also be allocated. Funds not allocated before
the commencement of the third year following the year of
ineligibility shall be reallocated to cost effective high priority
regional transit activities, as determined by the transportation
planning agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be. If that
agency or commission, or the board, determines that no cost effective
high priority regional transit activity exists, the unallocated
funds shall revert to the Controller for reallocation.
(b) As used in this section, the following terms have the
following meanings:
(1) "Operating cost" means the total operating cost as reported by
the operator under the Uniform System of Accounts and Records,
pursuant to Section 99243 and subdivision (a) of Section 99247.
(2) "Revenue vehicle hours" has the same meaning as "vehicle
service hours," as defined in subdivision (h) of Section 99247.
(3) "Consumer Price Index," as applied to an operator, is the
regional Consumer Price Index for that operator's region, as
published by the United States Bureau of Labor Statistics. If a
regional index is not published, the index for the State of
California applies.
(4) "New service" has the same meaning as "extension of public
transportation services" as defined in Section 99268.8.
(c) The restrictions in this section do not apply to allocations
made for capital purposes.
(d) The exclusion of costs increases described in paragraph (2) of
subdivision (a) applies solely for the purpose of calculating an
operator's eligibility to claim funds pursuant to this section and
does not authorize an operator to report an operating cost per
revenue vehicle hour other than as described in this section and in
Section 99247, 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.
(e) The restrictions in this section shall not apply to the
allocation of funds made pursuant to Sections 99313 and 99314 after
January 1, 2010, and through the 2011-12 fiscal year.
99314.7. (a) In allocating funds for operating purposes pursuant to
Sections 99313 and 99314, the Metropolitan Transportation Commission
shall apply the following eligibility standards to the operators
within the region subject to its jurisdiction:
(1) An operator is not eligible for its full allocation under this
section unless the operator has been found to have made reasonable
effort in implementing productivity improvements pursuant to Section
99244. In determining whether a reasonable effort has been made, the
Metropolitan Transportation Commission shall give consideration to
whether the operator would qualify for funding under Section 99314.6.
The amount of funds allocated shall be reduced in an amount that the
Metropolitan Transportation Commission deems proportionate to the
failure of the operator to implement the recommended improvements.
The Metropolitan Transportation Commission shall adopt rules and
regulations, in cooperation with the affected operators, governing
the allocation of any funds withheld under this paragraph, subject to
paragraphs (2) and (3).
(2) Notwithstanding paragraph (1), an operator shall not receive
any funds pursuant to Section 99313 or 99314 unless it has complied
with the applicable rules , regulations, and recommendations adopted
by the Metropolitan Transportation Commission pursuant to Sections
66516 and 66516.5 of the Government Code.
(3) Funds withheld from allocation to an operator pursuant to
paragraph (1) shall be retained by the Metropolitan Transportation
Commission for reallocation to that operator for two years following
the year of ineligibility. With respect to the funds withheld from an
operator pursuant to paragraph (1), the Metropolitan Transportation
Commission shall reallocate those funds to the operator if the
operator complies with that paragraph within two years. Funds not
reallocated to the operator, and funds withheld pursuant to paragraph
(2), shall be allocated to any eligible operator within the region
subject to the jurisdiction of the Metropolitan Transportation
Commission for the purpose of improving coordination among the
operators, or to any operator whose increase in total operating cost
per revenue vehicle hour is less than the increase in the Consumer
Price Index. Funds allocated for these purposes are exempt from
subdivision (a).
(b) For purposes of this section, "operating cost," "revenue
vehicle hour," and "Consumer Price Index" have the same meaning as
defined in Section 99314.6.
99315. Funds made available pursuant to subdivision (a) of Section
99312 shall be available for all of the following purposes:
(a) To the department for bus and passenger rail services pursuant
to Sections 14035, 14035.5, and 14038 of the Government Code.
(b) To the department for funding of public transit capital
improvement projects in the state transportation improvement program,
pursuant to Section 14529 of the Government Code.
(c) To the department for its planning activities not payable from
the State Highway Account in the State Transportation Fund, its mass
transportation responsibilities, and its assistance in regional
transportation planning.
(d) To the department for allocation by the director to the
Institute of Transportation Studies of the University of California
for training and research in public transportation systems
engineering and management and coordination with other transportation
modes.
(e) To the commission for its activities not payable from the
State Highway Account.
(f) To the Public Utilities Commission for its passenger rail
safety responsibilities specified in statute on commuter rail,
intercity rail, and urban rail transit lines.
(g) For transfer to the Transportation Debt Service Fund created
by Section 16965 of the Government Code to reimburse the General Fund
for current year debt service payments on rail and transit-related
general obligation bonds other than those issued pursuant to the
Clean Air and Transportation Improvement Act of 1990 (Part 11.5
(commencing with Section 99600)), as follows:
(1) For the 2009-10 fiscal year, the Controller shall transfer up
to one hundred forty-two million fifty-eight thousand dollars
($142,058,000) to the fund upon order of the Director of Finance for
debt service paid or payable within that fiscal year.
(2) For the 2010-11 fiscal year, the Controller shall transfer up
to two hundred fifty-four million two hundred twenty-two thousand
dollars ($254,222,000) to the fund, as follows:
(A) By the 15th of every month, the Treasurer, in consultation
with the Director of Finance, shall notify the Controller of the
amount of debt service that will be paid on each transportation bond
during that month.
(B) Within two business days following the 28th of every month,
the Controller shall transfer from the account to the Transportation
Debt Service Fund an amount equal to monthly debt service paid by the
General Fund on any bonds issued pursuant to Proposition 108 (1990)
and Proposition 1A (2008), and one-quarter of the monthly debt
service paid by the General Fund on any bonds issued pursuant to
Proposition 1B (2006).
99315.7. All funds from the Public Transportation Account and the
State Highway Account, State Transportation Fund, previously
allocated by the commission or the department to the new Fresno
Amtrak Station project shall also be available for expenditure on any
form of Amtrak project in the Fresno downtown area, including, but
not limited to, the rehabilitation of the former Santa Fe Railway
station, as approved by the commission or the department or the
commission and the department. The encumbering and expending of funds
for this project is not subject to an additional allocation action
or approval action, or both actions, by the commission.
99315.8. All funds from the Public Transportation Account and the
State Highway Account, in the State Transportation Fund, previously
allocated by the commission for specific track repair and rolling
stock acquisitions through resolutions number MFP-95-05, MFP-95-10,
MPFP-95-01, MFA-96-01, and MBFA-98-01 shall also be available for
expenditure on any form of track improvement project, track
rehabilitation project, or rolling stock acquisition project
nominated by the North Coast Railroad Authority, as approved by the
commission. Projects nominated by the North Coast Railroad Authority,
for which funds in the State Highway Account in the State
Transportation Fund are to be used, are also required to be eligible
under Article XIX of the California Constitution. The encumbering and
expending of funds for this project is not subject to an additional
allocation action or approval action, or both actions, by the
commission.
99315.95. All funds from the Public Transportation Account and the
State Highway Account, in the State Transportation Fund, previously
allocated by the California Transportation Commission to the City of
Seaside for the acquisition of right-of-way for the Fort Ord rail
station shall also be available for expenditure by the Transportation
Agency for Monterey County for work at the Monterey Bay rail
station. The commission shall oversee the timely use of these funds
in accordance with the requirements specified in current law.
99316. Funds made available pursuant to subdivision (a) of Section
99315 shall be appropriated to the department for allocation, as
directed by the commission, for purposes of bus and passenger rail
services pursuant to Sections 14035, 14035.5, and 14038 of the
Government Code.
99317. (a) Funds made available pursuant to subdivision (b) of
Section 99315 shall be appropriated to the department for allocation,
as directed by the commission, to fund public transit capital
improvement projects that maintain or improve public transit service.
(b) Funds made available for capital outlay pursuant to
subdivision (a) of Section 14031.6 of the Government Code and
subdivision (a) of Section 99315 shall be appropriated to the
department, as directed by the commission, solely for capital outlay
improvements and rolling stock on intercity rail passenger routes.
(c) The Legislature may amend this section, by statute passed in
each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, if the statute is
consistent with, and furthers the purposes of, this section.
99317.1. (a) Funds appropriated pursuant to subdivision (a) of
Section 99317 shall, in addition to the purposes specified in that
section, be available for short-line railroad rehabilitation
projects, through the state transportation improvement program.
(1) Projects eligible for funding pursuant to this subdivision
shall be limited to railroad rehabilitation projects.
(2) To be eligible for funding pursuant to this subdivision, a
project proposal shall be submitted by a public entity. The public
entity shall submit a project proposal only if it has made a finding,
following a public hearing, that rail service on the affected
railroad would be in imminent danger of being discontinued without
the expenditure of public funds, and that continuation of the service
serves a public purpose.
(b) As used in this section, "short-line railroad" means any
standard gauge railroad which is being, or is planned to be, used for
passenger service, other than a class I railroad, as that term is
used and applied in federal law.
99317.8. (a) A public agency that has received an allocation for
funding of an intermodal transfer station pursuant to subdivision (a)
of Section 99317 shall provide for maintaining the station and its
appurtenances, including, but not limited to, restroom facilities, in
good condition and repair, and in accordance with high standards of
cleanliness. As part of its duties in monitoring state-funded rail
and bus services, the department shall, at least annually, conduct an
unannounced inspection of each facility and make recommendations, if
any, to the operating agency. Results of the department's
inspections shall be included in the passenger rail element of the
State Rail Plan required pursuant to Section 14036 of the Government
Code. If appropriate remedial action is not taken, the department may
recommend to the commission that future applications for transit
capital funding be denied.
(b) The Legislature finds and declares that regular inspections of
intermodal stations are necessary to protect the state's capital
investment in these essential transportation facilities and to avoid
the problems resulting from deferred maintenance.
99317.9. The department and the commission shall give reasonable
priority to allocations pursuant to subdivision (a) of Section 99317
to station projects that improve access for visitors to state
prisons.
99317.10. (a) A public entity which has received an allocation for
funding of an intermodal transfer station pursuant to subdivision (a)
of Section 99317 shall, upon request of the department, authorize
state-funded bus service to use the station without any charge to the
department or its contractors, and shall assist the department in
the placement of signs and informational material designed to alert
the public to the availability of the state-funded bus service.
(b) A public entity shall not be eligible to receive an allocation
for funding of an intermodal transfer station pursuant to
subdivision (a) of Section 99317 unless it first agrees that, upon
any future request of the department, it will authorize a
state-funded bus service to use the station without any charge to the
department or its contractors and it will assist the department in
the placement of signs and informational material designed to alert
the public to the availability of the state-funded bus service.
(c) For the purpose of this section, "state-funded bus service"
means any bus service funded pursuant to Section 99316.
99318.1. An intercity rail project nominated by the department
shall be eligible to compete for funding pursuant to Section 99317 if
it is recommended in the passenger rail element of the State Rail
Plan prepared pursuant to Section 14036 of the Government Code, or an
update to that plan.
99319. (a) If a rail capital improvement project proposed for
funding by the department or a local agency includes as an element
the addition or improvement of rail passenger service boarding
platforms, those platforms shall be constructed in conformity with
applicable rules and orders of the Public Utilities Commission and in
such a manner that the top of each platform is not less than eight
inches above the adjacent rails, unless the department makes a
finding that the circumstances in a particular case warrant otherwise
and obtains approval from the Public Utilities Commission for any
deviation from its applicable rules and orders.
(b) The requirements of this section apply to all passenger
service boarding platforms constructed with funds made available
pursuant to Section 14031.6 of the Government Code, Sections 99234.5,
99234.9 and 99317 of this code, Section 164 of the Streets and
Highways Code, and funds made available from the proceeds of state
general obligation bonds issued for the purposes of rail capital
improvements.
99310. (a) The Transportation Planning and Development Account in
the State Transportation Fund, hereafter referred to as the "account"
in this article, is hereby continued in existence as the Public
Transportation Account in the fund.
(b) Any reference in any law or regulation to the Transportation
Planning and Development Account in the State Transportation Fund is
a reference to the Public Transportation Account.
99310.5. (a) The account is hereby designated a trust fund.
(b) The funds in the account shall be available, when appropriated
by the Legislature, only for transportation planning and mass
transportation purposes, as specified by the Legislature.
(c) The Legislature may amend this section by statute passed in
each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, if the statute is
consistent with, and furthers the purposes of, this section.
99310.6. Notwithstanding any other provision of law, the Department
of Finance may adjust the budgeting, accounting, and reporting
system for the Public Transportation Account so that unliquidated
encumbrances are not reflected in the fund balance or financial
statements.
99311. Upon appropriation by the Legislature, funds transferred, or
scheduled as a reimbursement, to the account, pursuant to Section
21682.5 of this code and Section 194 of the Streets and Highways
Code, shall be available for allocation by the director for the
following purposes:
(a) State transportation planning.
(b) Regional transportation planning by transportation planning
agencies designated pursuant to Section 29532 of the Government Code,
but not those specified in subdivision (b) of Section 29532.4 of the
Government Code.
99311.1. Upon appropriation by the Legislature, the director shall
allocate, from the account or from other available state or federal
sources, or from both state and federal sources, for the purposes of
subdivision (b) of Section 99311, an amount commensurate with the
historical annual allocation to transportation planning agencies
designated pursuant to Section 29532 of the Government Code that do
not directly receive federal planning funds, as set forth in Section
134 of Title 23 of the United States Code.
99311.5. The amount allocated to a transportation planning agency
designated pursuant to Section 29532 of the Government Code, for the
preparation or updating of a regional transportation plan pursuant to
Chapter 2.5 (commencing with Section 65080) of Title 7 of that code,
may be up to 70 percent of its nonfederally reimbursed costs for
regional transportation planning.
For a transportation planning agency in a county with a population
of less than 500,000 persons, the director may increase that
percentage, if the director determines it to be in the best interests
of regional and state transportation planning to do so.
99312. Except as provided in Sections 99311 and 99311.5, and except
as otherwise provided in subdivisions (d) and (e), the funds in the
account shall be made available for the following purposes:
(a) Twenty-five percent for purposes of Section 99315, subject to
appropriation by the Legislature.
(b) To the Controller, 37.5 percent for allocation to
transportation planning agencies, county transportation commissions,
and the San Diego Metropolitan Transit Development Board pursuant to
Section 99314. Commencing with the 2011-12 fiscal year, these funds
are hereby continuously appropriated for purposes of this
subdivision.
(c) To the Controller, 37.5 percent for allocation to
transportation agencies, county transportation commissions, and the
San Diego Metropolitan Transit Development Board for purposes of
Section 99313. Commencing with the 2011-12 fiscal year, these funds
are hereby continuously appropriated for purposes of this
subdivision.
(d) (1) For the 2009-10 fiscal year, notwithstanding any other
provision of this section or any other provision of law, the sum of
four hundred million dollars ($400,000,000) is hereby appropriated
from the account to the Controller for immediate allocation pursuant
to paragraph (2). These funds are intended to cover the two-year
period of the 2009-10 and 2010-11 fiscal years. The remaining funds
in the account subject to this section shall be available for the
purposes of Section 99315, subject to appropriation by the
Legislature.
(2) (A) Fifty percent of the amount appropriated to the Controller
pursuant to paragraph (1) shall be allocated to transportation
planning agencies, county transportation commissions, and the San
Diego Metropolitan Transit Development Board pursuant to Section
99314.
(B) Fifty percent of the amount appropriated to the Controller
pursuant to paragraph (1) shall be allocated to transportation
planning agencies, county transportation commissions, and the San
Diego Metropolitan Transit Development Board pursuant to Section
99313.
(e) For the 2010-11 fiscal year, notwithstanding any other
provision of this section or any other provision of law, the funds in
the account subject to this section shall be made available only for
purposes of Section 99315, subject to appropriation by the
Legislature.
99312.5. (a) In the case of a transportation planning agency with
county transportation commissions within its area of jurisdiction,
the allocations pursuant to Sections 99313 and 99314 to the
transportation planning agency shall be determined by excluding the
areas also under the jurisdiction of the county transportation
commissions.
(b) In the case of the transportation planning agency with the San
Diego Metropolitan Transit Development Board within its area of
jurisdiction, the allocations pursuant to Sections 99313 and 99314 to
the transportation planning agency shall be determined by excluding
the area also under the jurisdiction of the transit development
board.
99312.7. (a) Not later than each January 31st, the Controller shall
send to each transportation planning agency and county
transportation commission, and the San Diego Metropolitan Transit
Development Board, an estimate of the amount of funds to be allocated
to it during the next fiscal year pursuant to Sections 99313 and
99314.
(b) Not later than each August 1st, on the basis of the amount
appropriated in the Budget Act for purposes of Sections 99313 and
99314, the Controller shall send to each of the entities an estimate
of the amount of funds to be allocated to it during the fiscal year.
(c) No notification shall be required for a fiscal year if funding
for Sections 99313 and 99314 allocations is suspended pursuant to
subdivision (f) of Section 99312 or any other provision of law.
99313. From the funds made available pursuant to subdivision (c) of
Section 99312, an amount shall be allocated by the Controller to
each transportation planning agency and county transportation
commission, and the San Diego Metropolitan Transit Development Board,
based on the ratio of the population of the area under its
jurisdiction to the total population of the state.
99313.1. (a) A transportation planning agency, a county
transportation commission, or the San Diego Metropolitan Transit
Development Board may transfer any funds that it receives pursuant to
Section 99313 to another transportation planning agency, county
transportation commission, or the San Diego Metropolitan Transit
Development Board. Any funds transferred pursuant to this section
shall be used only for the purposes authorized by this chapter and
are subject to all statutes and rules and regulations applicable to
funds allocated pursuant to Section 99313.
(b) If one transfer has been completed between a transportation
planning agency, a county transportation commission, or the San Diego
Metropolitan Transit Development Board, pursuant to this section, no
other transfer may be made between the same parties.
(c) In the event of a transfer of funds to the Los Angeles County
Metropolitan Transportation Authority pursuant to this section, the
amount of that transfer, if any, which exceeds the amount of funds
transferred at that time by the Los Angeles County Metropolitan
Transportation Authority to the transferring transportation planning
agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, may not be used for the
purpose of funding an exclusive public mass transit guideway system
project. The Los Angeles County Metropolitan Transportation Authority
shall report to the Senate Committee on Transportation and Housing
and the Assembly Committee on Transportation on the expenditure of
any funds received by it pursuant to a transfer made pursuant to this
section.
99313.3. The amount received by each transportation planning agency
and county transportation commission, and the San Diego Metropolitan
Transit Development Board, pursuant to Sections 99313 and 99314,
shall be allocated for public transportation purposes, including
community transit services. Funds received pursuant to Section 99314
may be expended for community transit services pursuant to Section
99275.
99313.6. (a) Except as provided in subdivision (b), each
transportation planning agency and county transportation commission,
and the San Diego Metropolitan Transit Development Board, shall
create a state transit assistance fund and deposit therein the funds
allocated to it pursuant to Sections 99313 and 99314 for allocations
to operators, and to claimants for the purposes specified in Section
99275 and in subdivisions (b), (c), (d), and (e) of Section 99400,
within the area on which its allocation was determined.
(b) From funds allocated to it pursuant to Sections 99313 and
99314, the Los Angeles County Metropolitan Transportation Authority
may allocate funds to itself for the planning, design, and
construction of an exclusive public mass transit guideway system.
(c) An allocation of funds from a state transit assistance fund
for a transit capital project may be used for the payment of the
principal of, and interest on, equipment trust certificates, bonded
or other indebtedness, or in accomplishment of a defeasance of any
outstanding revenue bond indenture issued for that project.
(d) From funds allocated to it pursuant to Section 99313, the
Metropolitan Transportation Commission may allocate funds to itself
for projects to achieve regional transit coordination objectives.
(e) From funds allocated to the Metropolitan Transportation
Commission pursuant to Section 99313, upon a request of the Solano
Transportation Authority, the commission may allocate an amount of
funds to the authority for public transportation purposes, including
countywide transit planning and coordination relative to Solano
County.
99313.7. A public agency authorized to file claims with the
transportation planning agency and expend funds pursuant to Section
99234.5, 99234.7, or 99234.9 may also file claims, receive
allocations, and expend state transit assistance funds made available
pursuant to Sections 99313 and 99314.
99314. (a) From funds made available pursuant to subdivision (b) of
Section 99312, an amount shall be allocated by the Controller to
each transportation planning agency and county transportation
commission, and the San Diego Metropolitan Transit Development Board.
The allocation shall include an amount corresponding to each of the
member agencies of the Altamont Commuter Express Authority and the
Southern California Regional Rail Authority. The amount of funds
allocated shall be based on the ratio of the total revenue of all the
operators and the member agencies of the Altamont Commuter Express
Authority and the Southern California Regional Rail Authority in the
area under their respective jurisdictions during the prior fiscal
year to the total revenue of all the operators in the state and the
member agencies of the Altamont Commuter Express Authority and the
member agencies of the Southern California Regional Rail Authority
during the prior fiscal year.
(b) For purposes of this section and Section 99314.3, "revenue"
means fare revenues and any other funds used by the operator for its
transit operation, and the revenue that is derived from operating as
a member of the authority pursuant to Section 99314.1, except federal
and state funds which may only be used for transportation purposes
and funds allocated pursuant to Section 99233. The revenue amount for
each operator shall be determined from the annual report submitted
to the Legislature by the Controller pursuant to Section 99243.5. The
revenue amount for each member agency of the Altamont Commuter
Express Authority and the Southern California Regional Rail Authority
shall be determined by the revenues reported to the Controller by
the respective authorities in accordance to subdivision (b) of
Section 99314.1 and subdivision (b) of Section 99314.2, respectively.
(c) For the purposes of this section, any reference to the
"Altamont Commuter Express Authority" shall be construed to include a
reference to any entity that is a successor to the authority.
99314.1. (a) For purposes of this section, the following terms have
the following meanings:
(1) The "Altamont Commuter Express Authority" or the "authority"
is the joint powers agency duly formed pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code, by and between the Alameda Congestion
Management Agency, the Santa Clara Valley Transportation Authority,
and the San Joaquin Regional Rail Commission. Any reference to the
"Altamont Commuter Express Authority" or the "authority" shall be
construed to include a reference to any entity that is a successor to
the authority.
(2) "Revenue" means revenue, as defined in subdivision (b) of
Section 99314, that is derived from operating as a member agency of
the authority.
(b) The Altamont Commuter Express Authority shall report to the
Controller, for each fiscal year, the ratio that the revenue of each
member agency of the authority during the prior fiscal year bears to
the total revenue of the authority during that fiscal year.
(c) (1) From funds made available pursuant to subdivision (b) of
Section 99312, the Controller shall allocate to each member agency of
the authority an amount that is based on the ratio provided under
subdivision (b).
(2) The allocation set forth in paragraph (1) shall be in addition
to any other allocation provided under this article.
(3) Allocations made under this section shall be used only for
purposes authorized under this chapter.
99314.2. (a) For purposes of this section, the following terms have
the following meanings:
(1) The "Southern California Regional Rail Authority" or the
"authority" is that joint powers authority described in Section 14072
of the Government Code and includes any additional agencies that may
join the authority under Section 14072.2 of that code.
(2) "Revenue" means revenue, as defined in subdivision (b) of
Section 99314, that is derived from operating as a member agency of
the authority.
(b) The Southern California Regional Rail Authority shall report
to the Controller, on an annual basis, the ratio that the revenue of
each member agency of the authority during the prior fiscal year
bears to the total revenue of the authority during that fiscal year.
(c) (1) From funds made available pursuant to subdivision (b) of
Section 99312, the Controller shall allocate to each member agency of
the authority an amount that is based on the ratio provided under
subdivision (b).
(2) The allocation set forth in paragraph (1) shall be in addition
to any other allocation provided under this article.
(3) Allocations made under this section shall be used only for
purposes authorized under this chapter.
99314.3. (a) The amount received by each transportation planning
agency and county transportation commission, and the San Diego
Metropolitan Transit Development Board, pursuant to Section 99314
shall be allocated to the operators in the area of its jurisdiction.
(b) The amount of funds allocated by the Controller corresponding
to each of the member agencies of the Altamont Commuter Express
Authority and the member agencies of the Southern California Regional
Rail Authority, pursuant to Section 99314, shall be allocated by the
transportation planning agency having jurisdiction over the member
agency's area, for purposes authorized in this chapter. The
allocation shall be based on the ratio of the revenues of each of the
member agencies and of all the operators during the prior fiscal
year within the area of jurisdiction of the allocating agency,
commission, or board as the case may be.
(c) The amount allocated to each operator pursuant to this section
shall be based on the ratio of its revenue of all the operations and
the member agencies of the Altamont Commuter Express Authority and
the member agencies of the Southern California Rail Authority during
the prior fiscal year to the total revenue of all the operators
during the prior fiscal year within the area of jurisdiction of the
allocating agency, commission, or board, as the case may be.
(d) For purposes of subdivision (a), the City and County of San
Francisco with respect to its municipal railway system, the
Alameda-Contra Costa Transit District, and the San Francisco Bay Area
Rapid Transit District shall be considered one operator. The amount
allocated to them as one operator shall be apportioned to each of
them based on the ratio of its revenue to the sum of their revenues,
excluding from the determination of that ratio the amount allocated
to each of them pursuant to Section 29142.2.
99314.4. (a) An operator in an urbanized area having a population
of less than 200,000 persons may elect to participate in the funding
exchange program authorized by this subdivision. An operator electing
to participate in the funding exchange program shall give notice to
the director and shall indicate the amount of funds which it wants
allocated for the funding exchange program.
From funds that would otherwise be allocated to an operator
pursuant to Sections 99313.3, 99314, and 99314.3, an amount so
designated by the participating operator shall be allocated to the
department for transfer pursuant to an agreement between the
department and the State of Arizona whereby California can receive
federal mass transportation funds originally apportioned to the State
of Arizona.
The department shall allocate the federal mass transportation
funds so received to each participating operator in the same
proportion as the operator contributed to the funding exchange
program. Funds so received shall be used only for the purposes
authorized by this chapter and are subject to all statutes and rules
and regulations applicable to funds allocated pursuant to Sections
99313 and 99314.
The Legislature finds and declares that the exchange of state
funds for federal mass transportation funds authorized by this
section will result in a net increase in the total amount of funds to
be available to the participating operators.
(b) A transportation planning agency, county transportation
commission, or transit development board may authorize an operator
under its jurisdiction to exchange funds allocated to it pursuant to
Section 99314.3 for funds made available pursuant to Section 99231.
Any funds allocated pursuant to Section 99314.3 that are exchanged
pursuant to this subdivision shall only be available to other
operators and shall be used for the purposes authorized by this
chapter and are subject to all statutes and rules and regulations
applicable to funds allocated pursuant to Section 99314.3. Exchanges
pursuant to this subdivision shall be on a dollar-for-dollar basis.
99314.5. (a) No funds allocated pursuant to Section 99313.3 or
99314.3 shall be allocated to an operator unless it is eligible for
allocations under Article 4 (commencing with Section 99260), without
considering any funds to be allocated to it pursuant to those
sections, or it is in a county in which funds may be allocated for
purposes specified in Section 99400.
(b) No funds allocated pursuant to Section 99313.3 shall be
allocated to a city or county for the purposes specified in
subdivisions (b), (c), (d), and (e) of Section 99400 unless it is
eligible for allocations under Article 8 (commencing with Section
99400) for those purposes, without considering any funds to be
allocated to it pursuant to that section.
(c) It is the intent of the Legislature that, in allocating the
funds, the transportation planning agencies and the county
transportation commissions, and the San Diego Metropolitan Transit
Development Board, give priority consideration to claims to offset
reductions in federal operating assistance and the unanticipated
increase in the cost of fuel, to enhance existing public
transportation services, and to meet high-priority regional,
countywide, or areawide public transportation needs.
(d) No funds allocated pursuant to Section 99313.3 or 99314.3
shall be allocated to a claimant for the purposes specified in
Section 99275 unless it is eligible for allocation under Article 4.5
(commencing with Section 99275) for those purposes, without
considering any funds to be allocated to it pursuant to those
sections.
(e) Nothing in this section shall be construed to prohibit, or
limit the ability of, a public transit operator to do the following:
(1) Contract with common carriers of persons operating under a
franchise or license.
(2) Employ part-time drivers.
99314.6. (a) Except as provided in Section 99314.7, the following
eligibility standards apply:
(1) Except as provided in paragraph (2), funds shall not be
allocated for operating purposes pursuant to Sections 99313 and 99314
to an operator unless the operator meets either of the following
efficiency standards:
(A) The operator's total operating cost per revenue vehicle hour
in the latest year for which audited data are available does not
exceed the sum of the preceding year's total operating cost per
revenue vehicle hour and an amount equal to the product of the
percentage change in the Consumer Price Index for the same period
multiplied by the preceding year's total operating cost per revenue
vehicle hour.
(B) The operator's average total operating cost per revenue
vehicle hour in the latest three years for which audited data are
available does not exceed the sum of the average of the total
operating cost per revenue vehicle hour in the three years preceding
the latest year for which audited data are available and an amount
equal to the product of the average percentage change in the Consumer
Price Index for the same period multiplied by the average total
operating cost per revenue vehicle hour in the same three years.
(2) The transportation planning agency, county transportation
commission, or the San Diego Metropolitan Transit Development Board,
as the case may be, shall adjust the calculation of operating costs
and revenue vehicle hours pursuant to paragraph (1) to account for
either or both of the following factors:
(A) Exclusion of costs increases beyond the change in the Consumer
Price Index for fuel; alternative fuel programs; power, including
electricity; insurance premiums and payments in settlement of claims
arising out of the operator's liability; or state or federal
mandates, including 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.
(B) Exclusion of startup costs for new services for a period of
not more than two years.
(3) Funds withheld from allocation to an operator pursuant to
paragraph (1) shall be retained by the transportation planning
agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be, for
reallocation to that operator for two years following the year of
ineligibility. In a year in which an operator's funds are allocated
pursuant to paragraph (1), funds withheld from allocation during a
preceding year shall also be allocated. Funds not allocated before
the commencement of the third year following the year of
ineligibility shall be reallocated to cost effective high priority
regional transit activities, as determined by the transportation
planning agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be. If that
agency or commission, or the board, determines that no cost effective
high priority regional transit activity exists, the unallocated
funds shall revert to the Controller for reallocation.
(b) As used in this section, the following terms have the
following meanings:
(1) "Operating cost" means the total operating cost as reported by
the operator under the Uniform System of Accounts and Records,
pursuant to Section 99243 and subdivision (a) of Section 99247.
(2) "Revenue vehicle hours" has the same meaning as "vehicle
service hours," as defined in subdivision (h) of Section 99247.
(3) "Consumer Price Index," as applied to an operator, is the
regional Consumer Price Index for that operator's region, as
published by the United States Bureau of Labor Statistics. If a
regional index is not published, the index for the State of
California applies.
(4) "New service" has the same meaning as "extension of public
transportation services" as defined in Section 99268.8.
(c) The restrictions in this section do not apply to allocations
made for capital purposes.
(d) The exclusion of costs increases described in paragraph (2) of
subdivision (a) applies solely for the purpose of calculating an
operator's eligibility to claim funds pursuant to this section and
does not authorize an operator to report an operating cost per
revenue vehicle hour other than as described in this section and in
Section 99247, 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.
(e) The restrictions in this section shall not apply to the
allocation of funds made pursuant to Sections 99313 and 99314 after
January 1, 2010, and through the 2011-12 fiscal year.
99314.7. (a) In allocating funds for operating purposes pursuant to
Sections 99313 and 99314, the Metropolitan Transportation Commission
shall apply the following eligibility standards to the operators
within the region subject to its jurisdiction:
(1) An operator is not eligible for its full allocation under this
section unless the operator has been found to have made reasonable
effort in implementing productivity improvements pursuant to Section
99244. In determining whether a reasonable effort has been made, the
Metropolitan Transportation Commission shall give consideration to
whether the operator would qualify for funding under Section 99314.6.
The amount of funds allocated shall be reduced in an amount that the
Metropolitan Transportation Commission deems proportionate to the
failure of the operator to implement the recommended improvements.
The Metropolitan Transportation Commission shall adopt rules and
regulations, in cooperation with the affected operators, governing
the allocation of any funds withheld under this paragraph, subject to
paragraphs (2) and (3).
(2) Notwithstanding paragraph (1), an operator shall not receive
any funds pursuant to Section 99313 or 99314 unless it has complied
with the applicable rules , regulations, and recommendations adopted
by the Metropolitan Transportation Commission pursuant to Sections
66516 and 66516.5 of the Government Code.
(3) Funds withheld from allocation to an operator pursuant to
paragraph (1) shall be retained by the Metropolitan Transportation
Commission for reallocation to that operator for two years following
the year of ineligibility. With respect to the funds withheld from an
operator pursuant to paragraph (1), the Metropolitan Transportation
Commission shall reallocate those funds to the operator if the
operator complies with that paragraph within two years. Funds not
reallocated to the operator, and funds withheld pursuant to paragraph
(2), shall be allocated to any eligible operator within the region
subject to the jurisdiction of the Metropolitan Transportation
Commission for the purpose of improving coordination among the
operators, or to any operator whose increase in total operating cost
per revenue vehicle hour is less than the increase in the Consumer
Price Index. Funds allocated for these purposes are exempt from
subdivision (a).
(b) For purposes of this section, "operating cost," "revenue
vehicle hour," and "Consumer Price Index" have the same meaning as
defined in Section 99314.6.
99315. Funds made available pursuant to subdivision (a) of Section
99312 shall be available for all of the following purposes:
(a) To the department for bus and passenger rail services pursuant
to Sections 14035, 14035.5, and 14038 of the Government Code.
(b) To the department for funding of public transit capital
improvement projects in the state transportation improvement program,
pursuant to Section 14529 of the Government Code.
(c) To the department for its planning activities not payable from
the State Highway Account in the State Transportation Fund, its mass
transportation responsibilities, and its assistance in regional
transportation planning.
(d) To the department for allocation by the director to the
Institute of Transportation Studies of the University of California
for training and research in public transportation systems
engineering and management and coordination with other transportation
modes.
(e) To the commission for its activities not payable from the
State Highway Account.
(f) To the Public Utilities Commission for its passenger rail
safety responsibilities specified in statute on commuter rail,
intercity rail, and urban rail transit lines.
(g) For transfer to the Transportation Debt Service Fund created
by Section 16965 of the Government Code to reimburse the General Fund
for current year debt service payments on rail and transit-related
general obligation bonds other than those issued pursuant to the
Clean Air and Transportation Improvement Act of 1990 (Part 11.5
(commencing with Section 99600)), as follows:
(1) For the 2009-10 fiscal year, the Controller shall transfer up
to one hundred forty-two million fifty-eight thousand dollars
($142,058,000) to the fund upon order of the Director of Finance for
debt service paid or payable within that fiscal year.
(2) For the 2010-11 fiscal year, the Controller shall transfer up
to two hundred fifty-four million two hundred twenty-two thousand
dollars ($254,222,000) to the fund, as follows:
(A) By the 15th of every month, the Treasurer, in consultation
with the Director of Finance, shall notify the Controller of the
amount of debt service that will be paid on each transportation bond
during that month.
(B) Within two business days following the 28th of every month,
the Controller shall transfer from the account to the Transportation
Debt Service Fund an amount equal to monthly debt service paid by the
General Fund on any bonds issued pursuant to Proposition 108 (1990)
and Proposition 1A (2008), and one-quarter of the monthly debt
service paid by the General Fund on any bonds issued pursuant to
Proposition 1B (2006).
99315.7. All funds from the Public Transportation Account and the
State Highway Account, State Transportation Fund, previously
allocated by the commission or the department to the new Fresno
Amtrak Station project shall also be available for expenditure on any
form of Amtrak project in the Fresno downtown area, including, but
not limited to, the rehabilitation of the former Santa Fe Railway
station, as approved by the commission or the department or the
commission and the department. The encumbering and expending of funds
for this project is not subject to an additional allocation action
or approval action, or both actions, by the commission.
99315.8. All funds from the Public Transportation Account and the
State Highway Account, in the State Transportation Fund, previously
allocated by the commission for specific track repair and rolling
stock acquisitions through resolutions number MFP-95-05, MFP-95-10,
MPFP-95-01, MFA-96-01, and MBFA-98-01 shall also be available for
expenditure on any form of track improvement project, track
rehabilitation project, or rolling stock acquisition project
nominated by the North Coast Railroad Authority, as approved by the
commission. Projects nominated by the North Coast Railroad Authority,
for which funds in the State Highway Account in the State
Transportation Fund are to be used, are also required to be eligible
under Article XIX of the California Constitution. The encumbering and
expending of funds for this project is not subject to an additional
allocation action or approval action, or both actions, by the
commission.
99315.95. All funds from the Public Transportation Account and the
State Highway Account, in the State Transportation Fund, previously
allocated by the California Transportation Commission to the City of
Seaside for the acquisition of right-of-way for the Fort Ord rail
station shall also be available for expenditure by the Transportation
Agency for Monterey County for work at the Monterey Bay rail
station. The commission shall oversee the timely use of these funds
in accordance with the requirements specified in current law.
99316. Funds made available pursuant to subdivision (a) of Section
99315 shall be appropriated to the department for allocation, as
directed by the commission, for purposes of bus and passenger rail
services pursuant to Sections 14035, 14035.5, and 14038 of the
Government Code.
99317. (a) Funds made available pursuant to subdivision (b) of
Section 99315 shall be appropriated to the department for allocation,
as directed by the commission, to fund public transit capital
improvement projects that maintain or improve public transit service.
(b) Funds made available for capital outlay pursuant to
subdivision (a) of Section 14031.6 of the Government Code and
subdivision (a) of Section 99315 shall be appropriated to the
department, as directed by the commission, solely for capital outlay
improvements and rolling stock on intercity rail passenger routes.
(c) The Legislature may amend this section, by statute passed in
each house of the Legislature by rollcall vote entered in the
journal, two-thirds of the membership concurring, if the statute is
consistent with, and furthers the purposes of, this section.
99317.1. (a) Funds appropriated pursuant to subdivision (a) of
Section 99317 shall, in addition to the purposes specified in that
section, be available for short-line railroad rehabilitation
projects, through the state transportation improvement program.
(1) Projects eligible for funding pursuant to this subdivision
shall be limited to railroad rehabilitation projects.
(2) To be eligible for funding pursuant to this subdivision, a
project proposal shall be submitted by a public entity. The public
entity shall submit a project proposal only if it has made a finding,
following a public hearing, that rail service on the affected
railroad would be in imminent danger of being discontinued without
the expenditure of public funds, and that continuation of the service
serves a public purpose.
(b) As used in this section, "short-line railroad" means any
standard gauge railroad which is being, or is planned to be, used for
passenger service, other than a class I railroad, as that term is
used and applied in federal law.
99317.8. (a) A public agency that has received an allocation for
funding of an intermodal transfer station pursuant to subdivision (a)
of Section 99317 shall provide for maintaining the station and its
appurtenances, including, but not limited to, restroom facilities, in
good condition and repair, and in accordance with high standards of
cleanliness. As part of its duties in monitoring state-funded rail
and bus services, the department shall, at least annually, conduct an
unannounced inspection of each facility and make recommendations, if
any, to the operating agency. Results of the department's
inspections shall be included in the passenger rail element of the
State Rail Plan required pursuant to Section 14036 of the Government
Code. If appropriate remedial action is not taken, the department may
recommend to the commission that future applications for transit
capital funding be denied.
(b) The Legislature finds and declares that regular inspections of
intermodal stations are necessary to protect the state's capital
investment in these essential transportation facilities and to avoid
the problems resulting from deferred maintenance.
99317.9. The department and the commission shall give reasonable
priority to allocations pursuant to subdivision (a) of Section 99317
to station projects that improve access for visitors to state
prisons.
99317.10. (a) A public entity which has received an allocation for
funding of an intermodal transfer station pursuant to subdivision (a)
of Section 99317 shall, upon request of the department, authorize
state-funded bus service to use the station without any charge to the
department or its contractors, and shall assist the department in
the placement of signs and informational material designed to alert
the public to the availability of the state-funded bus service.
(b) A public entity shall not be eligible to receive an allocation
for funding of an intermodal transfer station pursuant to
subdivision (a) of Section 99317 unless it first agrees that, upon
any future request of the department, it will authorize a
state-funded bus service to use the station without any charge to the
department or its contractors and it will assist the department in
the placement of signs and informational material designed to alert
the public to the availability of the state-funded bus service.
(c) For the purpose of this section, "state-funded bus service"
means any bus service funded pursuant to Section 99316.
99318.1. An intercity rail project nominated by the department
shall be eligible to compete for funding pursuant to Section 99317 if
it is recommended in the passenger rail element of the State Rail
Plan prepared pursuant to Section 14036 of the Government Code, or an
update to that plan.
99319. (a) If a rail capital improvement project proposed for
funding by the department or a local agency includes as an element
the addition or improvement of rail passenger service boarding
platforms, those platforms shall be constructed in conformity with
applicable rules and orders of the Public Utilities Commission and in
such a manner that the top of each platform is not less than eight
inches above the adjacent rails, unless the department makes a
finding that the circumstances in a particular case warrant otherwise
and obtains approval from the Public Utilities Commission for any
deviation from its applicable rules and orders.
(b) The requirements of this section apply to all passenger
service boarding platforms constructed with funds made available
pursuant to Section 14031.6 of the Government Code, Sections 99234.5,
99234.9 and 99317 of this code, Section 164 of the Streets and
Highways Code, and funds made available from the proceeds of state
general obligation bonds issued for the purposes of rail capital
improvements.
