99400. Claims may be filed under this article with the
transportation planning agency by counties and cities for the
following purposes and by transit districts for the purposes
specified in subdivisions (c) to (f), inclusive:
(a) Local streets and roads, and projects which are provided for
use by pedestrians and bicycles.
(b) Passenger rail service operations and capital improvements.
(c) Payment to any entity which is under contract with a county,
city, or transit district for public transportation or for
transportation services for any group, as determined by the
transportation planning agency, requiring special transportation
assistance.
If the county, city, or transit district is being served by an
operator, the contract entered into by the county, city, or transit
district shall specify the level of service to be provided, the
operating plan to implement that service, and how that service is to
be coordinated with the public transportation service provided by the
operator. Prior to approving any claim filed under this section, the
transportation planning agency, or the county transportation
commission in a county with such a commission, shall make a finding
that the transportation services contracted for under subdivision (c)
are responding to a transportation need not otherwise being met
within the community or jurisdiction of the claimant and that, where
appropriate, the services are coordinated with the existing
transportation service.
(d) Payments to counties, cities, and transit districts for their
administrative and planning cost with respect to transportation
services under subdivision (c).
(e) Notwithstanding any other provision of this chapter, a
claimant for funds pursuant to subdivision (c) may also receive
payments for capital expenditures to acquire vehicles and related
equipment, bus shelters, bus benches, and communication equipment for
the transportation services.
(f) Acquisition or lease of vans and related equipment for a
farmworker vanpool program for purposes of farmworker transportation
to and from work, provided the farmworker vanpool program shall use
vans or related equipment for a commuter vanpool as defined by
Section 37.3 of Title 49 of the Code of Federal Regulations and the
regional transportation planning agency conforms with the planning
requirements of Section 5306 of Title 49 of the United States Code
and Part 613 (commencing with Section 613.100) of Chapter VI of Title
49 of the Code of Federal Regulations.
99400.5. Notwithstanding Section 99232, a county or a city in a
county in which there is no countywide transit district may file a
claim under this article with the transportation planning agency to
finance the construction and maintenance of multimodal transportation
terminals. The terminals may be located anywhere in the county or
city, as the case may be.
99400.6. Notwithstanding Section 99232, the County of San Diego may
file a claim under this article with the transportation planning
agency to provide express bus service or vanpool service for the
purpose of serving work commute trips and for providing accessibility
between residential areas and major activity centers.
The express bus service may be located anywhere in the county, but
shall be consistent with the plans of the San Diego Metropolitan
Transit Development Board and the North San Diego County Transit
Development Board, and may be provided by contract with operators,
private entities operating under a franchise or license, or nonprofit
corporations organized pursuant to Division 2 (commencing with
Section 9000) of Title 1 of the Corporations Code.
The vanpool service shall be operated by the county with
county-owned vans and any claims submitted pursuant to this section
for such service shall be approved subject to all of the following
conditions:
(a) The amount of the claim to be limited to the actual cost of
acquiring the vans.
(b) The local transportation fund to be reimbursed for the amount
of the claim within the passenger service life of the vans.
99400.7. Notwithstanding Sections 99232, 99268.3, and 99405, cities
within the County of San Diego may file a claim under this article
with the transportation planning agency to provide commuter ferry
service on San Diego Bay for the purpose of serving peak period
commute trips for pedestrians and bicycles. The commuter ferry
service may be located anywhere on San Diego Bay, but shall be
consistent with the regional transportation plan, shall serve
employment centers and high volume activity centers, and may be
provided by contract with operators, private entities operating under
a franchise or license, or nonprofit corporations organized pursuant
to Division 2 (commencing with Section 5000) of Title 1 of the
Corporations Code.
99401. (a) The transportation planning agency shall adopt rules and
regulations delineating procedures for the submission of claims
under Section 99234 and subdivision (a) of Section 99400 and stating
criteria by which they will be analyzed and evaluated. Such rules and
regulations shall provide for orderly and periodic distributions of
moneys.
(b) The criteria applicable to analyzing and evaluating claims for
nonmotorized transportation facilities shall be the general design
criteria for such facilities established pursuant to Section 156.4 of
the Streets and Highways Code.
(c) To the extent necessary to perform its duties under this
article, the transportation planning agency shall have full access to
the books, records, and accounts of the claimant cities and
counties.
99401.5. Prior to making any allocation not directly related to
public transportation services, specialized transportation services,
or facilities provided for the exclusive use of pedestrians and
bicycles, or any allocation for purposes of subdivision (f) of
Section 99400, the transportation planning agency shall annually do
all of the following:
(a) Consult with the social services transportation advisory
council established pursuant to Section 99238.
(b) Identify the transit needs of the jurisdiction which have been
considered as part of the transportation planning process, including
the following:
(1) An annual assessment of the size and location of identifiable
groups likely to be transit dependent or transit disadvantaged,
including, but not limited to, the elderly, the handicapped,
including individuals eligible for paratransit and other special
transportation services pursuant to Section 12143 of Title 42 of the
United States Code (the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101, et seq.)), and persons of limited means,
including, but not limited to, recipients under the CalWORKs program.
(2) An analysis of the adequacy of existing public transportation
services and specialized transportation services, including privately
and publicly provided services necessary to implement the plan
prepared pursuant to Section 12143(c)(7) of Title 42 of the United
States Code, in meeting the transit demand identified pursuant to
paragraph (1).
(3) An analysis of the potential alternative public transportation
and specialized transportation services and service improvements
that would meet all or part of the transit demand.
(4) An analysis of the need to acquire or lease vans and related
equipment for a farmworker vanpool program pursuant to subdivision
(f) of Section 99400. This analysis is only required, however, upon
receipt by the transportation planning agency of a request of an
interested party identifying a potential need.
(c) Identify the unmet transit needs of the jurisdiction and those
needs that are reasonable to meet. The transportation planning
agency shall hold at least one public hearing pursuant to Section
99238.5 for the purpose of soliciting comments on the unmet transit
needs that may exist within the jurisdiction and that might be
reasonable to meet by establishing or contracting for new public
transportation or specialized transportation services or by expanding
existing services. The definition adopted by the transportation
planning agency for the terms "unmet transit needs" and "reasonable
to meet" shall be documented by resolution or in the minutes of the
agency. The fact that an identified transit need cannot be fully met
based on available resources shall not be the sole reason for finding
that a transit need is not reasonable to meet. An agency's
determination of needs that are reasonable to meet shall not be made
by comparing unmet transit needs with the need for streets and roads.
(d) Adopt by resolution a finding for the jurisdiction, after
consideration of all available information compiled pursuant to
subdivisions (a), (b), and (c). The finding shall be that (1) there
are no unmet transit needs, (2) there are no unmet transit needs that
are reasonable to meet, or (3) there are unmet transit needs,
including needs that are reasonable to meet. The resolution shall
include information developed pursuant to subdivisions (a), (b), and
(c) which provides the basis for the finding.
(e) If the transportation planning agency adopts a finding that
there are unmet transit needs, including needs that are reasonable to
meet, then the unmet transit needs shall be funded before any
allocation is made for streets and roads within the jurisdiction.
(f) The transportation planning agency shall not allocate funds
for purposes of subdivision (f) of Section 99400 until all of the
capital and operating funds necessary to meet unmet transit needs
that are reasonable to meet are allocated. The transportation
planning agency shall not reduce funding to existing public
transportation services, specialized transportation services, or
facilities for the exclusive use of pedestrians and bicycles in order
to allocate funds for purposes of subdivision (f) of Section 99400.
The transportation planning agency shall not allocate funds under
subdivision (f) of Section 99400 if the allocation replaces other
federal, state, or local funds used to fund commuter vanpools by a
county, city, transportation planning agency, or transit district.
99401.6. Upon adoption of a finding, pursuant to subdivision (d) of
Section 99401.5 that there are no unmet transit needs or that there
are no unmet transit needs that are reasonable to meet, the
transportation planning agency may allocate funds for local streets
and roads. The allocation shall not become effective until 20 days
after acknowledgment of receipt by the Department of Transportation
of documents of the agency's finding. The transportation planning
agency shall, in any case, submit the documentation before August 15
of the fiscal year of the allocation or within 10 days after the
adoption of the finding, whichever is later. The documentation shall
include all of the following:
(a) A copy of the notice of hearing and proof of publication and a
description of the actions taken to solicit citizen participation
pursuant to Section 99238. 5.
(b) A copy of the resolution or minutes documenting the
transportation planning agency's definitions of "unmet transit needs"
and "reasonable to meet," as determined pursuant to subdivision (c)
of Section 99401.5.
(c) A copy of the resolution adopting the unmet needs finding
described in subdivision (d) of Section 99401.5.
99402. Claims for streets and roads may include those purposes
necessary and convenient to the development, construction, and
maintenance of the city or county's streets and highways network,
including planning and contributions to the transportation planning
process, acquisition of real property, and construction of facilities
and buildings.
99403. In the County of Tuolumne, claims by the county or by a city
within the county for streets and roads may also include
contributions to the state for the construction and development of
State Highway Route 108 from Lime Kiln Road to Phoenix Lake Road, if
the county transportation commission determines that it is in the
best interest of the county or the city and serves the public
interest of the county or city to contribute local transportation
funds for the construction and development of that portion of Route
108. The Legislature recognizes that under Section 73 of the Streets
and Highways Code that portion of Route 108 is required to be
relinquished to local control upon completion of the Sonora Bypass
and bypass extension.
99405. (a) Except as otherwise provided in this section, the
allocation for any purpose specified in Section 99400 may in no year
exceed 50 percent of the amount required to meet the city's or county'
s total proposed expenditures for that purpose.
(b) With respect to budgeted capital requirements for major new
facilities, the transportation planning agency, notwithstanding the
50-percent limitation, may allocate up to the amount so budgeted, if
the construction of the facilities has been found to be not
inconsistent with the transportation planning agency's regional
transportation plan.
(c) The 50-percent limitation shall not apply to the allocation to
a city, county, or transit district for services under contract
pursuant to subdivision (c) or (d) of Section 99400. The city,
county, or transit district shall be subject to Section 99268.3,
99268.4, 99268.5, or 99268.9, as the case may be, and shall be deemed
an operator for purposes of those sections, or shall be subject to
regional, countywide, or county subarea performance criteria, local
match requirements, or fare recovery ratios adopted by resolution of
the transportation planning agency or the county transportation
commission for those services.
(1) In adopting the performance criteria, local match
requirements, or fare recovery ratios, the transportation planning
agency or the county transportation commission may adopt the criteria
of Section 99268.3, 99268.4, 99268.5, or 99268.9, or any combination
or all of them.
(2) If a transportation planning agency or county transportation
commission has adopted performance criteria, local match
requirements, or fare recovery ratios, the rules and regulations of
the agency or commission shall apply, and Sections 99205.7 and 99241,
subdivision (a) of Section 99247, and Section 99268.8 shall not
apply.
(d) The 50-percent limitation shall not apply to funds allocated
under this article to a city or county with a population of less than
5,000, and, notwithstanding Section 99400, the city or county may
claim funds under this article for transportation services, including
associated capital, planning, and administrative costs, without
contracting with another entity.
(e) The 50-percent limitation shall not apply to funds allocated
under this article for local street and road purposes.
99406. Expenditures of moneys received for streets and highways
purposes under this article shall be reported to the Controller by
way of inclusion of information regarding those expenditures in the
report prepared pursuant to Chapter 4 (commencing with Section 2150)
of Division 3 of the Streets and Highways Code.
The Controller shall also prepare a summary of those expenditures,
which shall include a list of the jurisdictions for which funds have
been allocated for streets and roads under this article, the amount
of the allocations, and the total funds made available to each
jurisdiction pursuant to Article 3 (commencing with Section 99230).
The Controller shall submit the report annually to the Legislature
commencing January 1, 1989.
99407. Notwithstanding any other provision of this chapter, the
transportation planning agency may approve claims filed by a city for
the construction of facilities for the exclusive use of pedestrians
and bicycles, if the city is not expected to be served by public
transportation within three years of the filing of the claims.
99408. Any action to review, set aside, void, or annul the decision
of a transportation planning agency made pursuant to Section 99401.5
shall be filed within 30 days after the agency makes its decision,
or after the secretary has reviewed the decision pursuant to Section
99242, whichever is later. However, the action need not be filed
until September 15 if the action is with respect to a decision made
prior to August 15 for the fiscal year which commenced on the July 1
immediately preceding such August 15.
99400. Claims may be filed under this article with the
transportation planning agency by counties and cities for the
following purposes and by transit districts for the purposes
specified in subdivisions (c) to (f), inclusive:
(a) Local streets and roads, and projects which are provided for
use by pedestrians and bicycles.
(b) Passenger rail service operations and capital improvements.
(c) Payment to any entity which is under contract with a county,
city, or transit district for public transportation or for
transportation services for any group, as determined by the
transportation planning agency, requiring special transportation
assistance.
If the county, city, or transit district is being served by an
operator, the contract entered into by the county, city, or transit
district shall specify the level of service to be provided, the
operating plan to implement that service, and how that service is to
be coordinated with the public transportation service provided by the
operator. Prior to approving any claim filed under this section, the
transportation planning agency, or the county transportation
commission in a county with such a commission, shall make a finding
that the transportation services contracted for under subdivision (c)
are responding to a transportation need not otherwise being met
within the community or jurisdiction of the claimant and that, where
appropriate, the services are coordinated with the existing
transportation service.
(d) Payments to counties, cities, and transit districts for their
administrative and planning cost with respect to transportation
services under subdivision (c).
(e) Notwithstanding any other provision of this chapter, a
claimant for funds pursuant to subdivision (c) may also receive
payments for capital expenditures to acquire vehicles and related
equipment, bus shelters, bus benches, and communication equipment for
the transportation services.
(f) Acquisition or lease of vans and related equipment for a
farmworker vanpool program for purposes of farmworker transportation
to and from work, provided the farmworker vanpool program shall use
vans or related equipment for a commuter vanpool as defined by
Section 37.3 of Title 49 of the Code of Federal Regulations and the
regional transportation planning agency conforms with the planning
requirements of Section 5306 of Title 49 of the United States Code
and Part 613 (commencing with Section 613.100) of Chapter VI of Title
49 of the Code of Federal Regulations.
99400.5. Notwithstanding Section 99232, a county or a city in a
county in which there is no countywide transit district may file a
claim under this article with the transportation planning agency to
finance the construction and maintenance of multimodal transportation
terminals. The terminals may be located anywhere in the county or
city, as the case may be.
99400.6. Notwithstanding Section 99232, the County of San Diego may
file a claim under this article with the transportation planning
agency to provide express bus service or vanpool service for the
purpose of serving work commute trips and for providing accessibility
between residential areas and major activity centers.
The express bus service may be located anywhere in the county, but
shall be consistent with the plans of the San Diego Metropolitan
Transit Development Board and the North San Diego County Transit
Development Board, and may be provided by contract with operators,
private entities operating under a franchise or license, or nonprofit
corporations organized pursuant to Division 2 (commencing with
Section 9000) of Title 1 of the Corporations Code.
The vanpool service shall be operated by the county with
county-owned vans and any claims submitted pursuant to this section
for such service shall be approved subject to all of the following
conditions:
(a) The amount of the claim to be limited to the actual cost of
acquiring the vans.
(b) The local transportation fund to be reimbursed for the amount
of the claim within the passenger service life of the vans.
99400.7. Notwithstanding Sections 99232, 99268.3, and 99405, cities
within the County of San Diego may file a claim under this article
with the transportation planning agency to provide commuter ferry
service on San Diego Bay for the purpose of serving peak period
commute trips for pedestrians and bicycles. The commuter ferry
service may be located anywhere on San Diego Bay, but shall be
consistent with the regional transportation plan, shall serve
employment centers and high volume activity centers, and may be
provided by contract with operators, private entities operating under
a franchise or license, or nonprofit corporations organized pursuant
to Division 2 (commencing with Section 5000) of Title 1 of the
Corporations Code.
99401. (a) The transportation planning agency shall adopt rules and
regulations delineating procedures for the submission of claims
under Section 99234 and subdivision (a) of Section 99400 and stating
criteria by which they will be analyzed and evaluated. Such rules and
regulations shall provide for orderly and periodic distributions of
moneys.
(b) The criteria applicable to analyzing and evaluating claims for
nonmotorized transportation facilities shall be the general design
criteria for such facilities established pursuant to Section 156.4 of
the Streets and Highways Code.
(c) To the extent necessary to perform its duties under this
article, the transportation planning agency shall have full access to
the books, records, and accounts of the claimant cities and
counties.
99401.5. Prior to making any allocation not directly related to
public transportation services, specialized transportation services,
or facilities provided for the exclusive use of pedestrians and
bicycles, or any allocation for purposes of subdivision (f) of
Section 99400, the transportation planning agency shall annually do
all of the following:
(a) Consult with the social services transportation advisory
council established pursuant to Section 99238.
(b) Identify the transit needs of the jurisdiction which have been
considered as part of the transportation planning process, including
the following:
(1) An annual assessment of the size and location of identifiable
groups likely to be transit dependent or transit disadvantaged,
including, but not limited to, the elderly, the handicapped,
including individuals eligible for paratransit and other special
transportation services pursuant to Section 12143 of Title 42 of the
United States Code (the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101, et seq.)), and persons of limited means,
including, but not limited to, recipients under the CalWORKs program.
(2) An analysis of the adequacy of existing public transportation
services and specialized transportation services, including privately
and publicly provided services necessary to implement the plan
prepared pursuant to Section 12143(c)(7) of Title 42 of the United
States Code, in meeting the transit demand identified pursuant to
paragraph (1).
(3) An analysis of the potential alternative public transportation
and specialized transportation services and service improvements
that would meet all or part of the transit demand.
(4) An analysis of the need to acquire or lease vans and related
equipment for a farmworker vanpool program pursuant to subdivision
(f) of Section 99400. This analysis is only required, however, upon
receipt by the transportation planning agency of a request of an
interested party identifying a potential need.
(c) Identify the unmet transit needs of the jurisdiction and those
needs that are reasonable to meet. The transportation planning
agency shall hold at least one public hearing pursuant to Section
99238.5 for the purpose of soliciting comments on the unmet transit
needs that may exist within the jurisdiction and that might be
reasonable to meet by establishing or contracting for new public
transportation or specialized transportation services or by expanding
existing services. The definition adopted by the transportation
planning agency for the terms "unmet transit needs" and "reasonable
to meet" shall be documented by resolution or in the minutes of the
agency. The fact that an identified transit need cannot be fully met
based on available resources shall not be the sole reason for finding
that a transit need is not reasonable to meet. An agency's
determination of needs that are reasonable to meet shall not be made
by comparing unmet transit needs with the need for streets and roads.
(d) Adopt by resolution a finding for the jurisdiction, after
consideration of all available information compiled pursuant to
subdivisions (a), (b), and (c). The finding shall be that (1) there
are no unmet transit needs, (2) there are no unmet transit needs that
are reasonable to meet, or (3) there are unmet transit needs,
including needs that are reasonable to meet. The resolution shall
include information developed pursuant to subdivisions (a), (b), and
(c) which provides the basis for the finding.
(e) If the transportation planning agency adopts a finding that
there are unmet transit needs, including needs that are reasonable to
meet, then the unmet transit needs shall be funded before any
allocation is made for streets and roads within the jurisdiction.
(f) The transportation planning agency shall not allocate funds
for purposes of subdivision (f) of Section 99400 until all of the
capital and operating funds necessary to meet unmet transit needs
that are reasonable to meet are allocated. The transportation
planning agency shall not reduce funding to existing public
transportation services, specialized transportation services, or
facilities for the exclusive use of pedestrians and bicycles in order
to allocate funds for purposes of subdivision (f) of Section 99400.
The transportation planning agency shall not allocate funds under
subdivision (f) of Section 99400 if the allocation replaces other
federal, state, or local funds used to fund commuter vanpools by a
county, city, transportation planning agency, or transit district.
99401.6. Upon adoption of a finding, pursuant to subdivision (d) of
Section 99401.5 that there are no unmet transit needs or that there
are no unmet transit needs that are reasonable to meet, the
transportation planning agency may allocate funds for local streets
and roads. The allocation shall not become effective until 20 days
after acknowledgment of receipt by the Department of Transportation
of documents of the agency's finding. The transportation planning
agency shall, in any case, submit the documentation before August 15
of the fiscal year of the allocation or within 10 days after the
adoption of the finding, whichever is later. The documentation shall
include all of the following:
(a) A copy of the notice of hearing and proof of publication and a
description of the actions taken to solicit citizen participation
pursuant to Section 99238. 5.
(b) A copy of the resolution or minutes documenting the
transportation planning agency's definitions of "unmet transit needs"
and "reasonable to meet," as determined pursuant to subdivision (c)
of Section 99401.5.
(c) A copy of the resolution adopting the unmet needs finding
described in subdivision (d) of Section 99401.5.
99402. Claims for streets and roads may include those purposes
necessary and convenient to the development, construction, and
maintenance of the city or county's streets and highways network,
including planning and contributions to the transportation planning
process, acquisition of real property, and construction of facilities
and buildings.
99403. In the County of Tuolumne, claims by the county or by a city
within the county for streets and roads may also include
contributions to the state for the construction and development of
State Highway Route 108 from Lime Kiln Road to Phoenix Lake Road, if
the county transportation commission determines that it is in the
best interest of the county or the city and serves the public
interest of the county or city to contribute local transportation
funds for the construction and development of that portion of Route
108. The Legislature recognizes that under Section 73 of the Streets
and Highways Code that portion of Route 108 is required to be
relinquished to local control upon completion of the Sonora Bypass
and bypass extension.
99405. (a) Except as otherwise provided in this section, the
allocation for any purpose specified in Section 99400 may in no year
exceed 50 percent of the amount required to meet the city's or county'
s total proposed expenditures for that purpose.
(b) With respect to budgeted capital requirements for major new
facilities, the transportation planning agency, notwithstanding the
50-percent limitation, may allocate up to the amount so budgeted, if
the construction of the facilities has been found to be not
inconsistent with the transportation planning agency's regional
transportation plan.
(c) The 50-percent limitation shall not apply to the allocation to
a city, county, or transit district for services under contract
pursuant to subdivision (c) or (d) of Section 99400. The city,
county, or transit district shall be subject to Section 99268.3,
99268.4, 99268.5, or 99268.9, as the case may be, and shall be deemed
an operator for purposes of those sections, or shall be subject to
regional, countywide, or county subarea performance criteria, local
match requirements, or fare recovery ratios adopted by resolution of
the transportation planning agency or the county transportation
commission for those services.
(1) In adopting the performance criteria, local match
requirements, or fare recovery ratios, the transportation planning
agency or the county transportation commission may adopt the criteria
of Section 99268.3, 99268.4, 99268.5, or 99268.9, or any combination
or all of them.
(2) If a transportation planning agency or county transportation
commission has adopted performance criteria, local match
requirements, or fare recovery ratios, the rules and regulations of
the agency or commission shall apply, and Sections 99205.7 and 99241,
subdivision (a) of Section 99247, and Section 99268.8 shall not
apply.
(d) The 50-percent limitation shall not apply to funds allocated
under this article to a city or county with a population of less than
5,000, and, notwithstanding Section 99400, the city or county may
claim funds under this article for transportation services, including
associated capital, planning, and administrative costs, without
contracting with another entity.
(e) The 50-percent limitation shall not apply to funds allocated
under this article for local street and road purposes.
99406. Expenditures of moneys received for streets and highways
purposes under this article shall be reported to the Controller by
way of inclusion of information regarding those expenditures in the
report prepared pursuant to Chapter 4 (commencing with Section 2150)
of Division 3 of the Streets and Highways Code.
The Controller shall also prepare a summary of those expenditures,
which shall include a list of the jurisdictions for which funds have
been allocated for streets and roads under this article, the amount
of the allocations, and the total funds made available to each
jurisdiction pursuant to Article 3 (commencing with Section 99230).
The Controller shall submit the report annually to the Legislature
commencing January 1, 1989.
99407. Notwithstanding any other provision of this chapter, the
transportation planning agency may approve claims filed by a city for
the construction of facilities for the exclusive use of pedestrians
and bicycles, if the city is not expected to be served by public
transportation within three years of the filing of the claims.
99408. Any action to review, set aside, void, or annul the decision
of a transportation planning agency made pursuant to Section 99401.5
shall be filed within 30 days after the agency makes its decision,
or after the secretary has reviewed the decision pursuant to Section
99242, whichever is later. However, the action need not be filed
until September 15 if the action is with respect to a decision made
prior to August 15 for the fiscal year which commenced on the July 1
immediately preceding such August 15.
99400. Claims may be filed under this article with the
transportation planning agency by counties and cities for the
following purposes and by transit districts for the purposes
specified in subdivisions (c) to (f), inclusive:
(a) Local streets and roads, and projects which are provided for
use by pedestrians and bicycles.
(b) Passenger rail service operations and capital improvements.
(c) Payment to any entity which is under contract with a county,
city, or transit district for public transportation or for
transportation services for any group, as determined by the
transportation planning agency, requiring special transportation
assistance.
If the county, city, or transit district is being served by an
operator, the contract entered into by the county, city, or transit
district shall specify the level of service to be provided, the
operating plan to implement that service, and how that service is to
be coordinated with the public transportation service provided by the
operator. Prior to approving any claim filed under this section, the
transportation planning agency, or the county transportation
commission in a county with such a commission, shall make a finding
that the transportation services contracted for under subdivision (c)
are responding to a transportation need not otherwise being met
within the community or jurisdiction of the claimant and that, where
appropriate, the services are coordinated with the existing
transportation service.
(d) Payments to counties, cities, and transit districts for their
administrative and planning cost with respect to transportation
services under subdivision (c).
(e) Notwithstanding any other provision of this chapter, a
claimant for funds pursuant to subdivision (c) may also receive
payments for capital expenditures to acquire vehicles and related
equipment, bus shelters, bus benches, and communication equipment for
the transportation services.
(f) Acquisition or lease of vans and related equipment for a
farmworker vanpool program for purposes of farmworker transportation
to and from work, provided the farmworker vanpool program shall use
vans or related equipment for a commuter vanpool as defined by
Section 37.3 of Title 49 of the Code of Federal Regulations and the
regional transportation planning agency conforms with the planning
requirements of Section 5306 of Title 49 of the United States Code
and Part 613 (commencing with Section 613.100) of Chapter VI of Title
49 of the Code of Federal Regulations.
99400.5. Notwithstanding Section 99232, a county or a city in a
county in which there is no countywide transit district may file a
claim under this article with the transportation planning agency to
finance the construction and maintenance of multimodal transportation
terminals. The terminals may be located anywhere in the county or
city, as the case may be.
99400.6. Notwithstanding Section 99232, the County of San Diego may
file a claim under this article with the transportation planning
agency to provide express bus service or vanpool service for the
purpose of serving work commute trips and for providing accessibility
between residential areas and major activity centers.
The express bus service may be located anywhere in the county, but
shall be consistent with the plans of the San Diego Metropolitan
Transit Development Board and the North San Diego County Transit
Development Board, and may be provided by contract with operators,
private entities operating under a franchise or license, or nonprofit
corporations organized pursuant to Division 2 (commencing with
Section 9000) of Title 1 of the Corporations Code.
The vanpool service shall be operated by the county with
county-owned vans and any claims submitted pursuant to this section
for such service shall be approved subject to all of the following
conditions:
(a) The amount of the claim to be limited to the actual cost of
acquiring the vans.
(b) The local transportation fund to be reimbursed for the amount
of the claim within the passenger service life of the vans.
99400.7. Notwithstanding Sections 99232, 99268.3, and 99405, cities
within the County of San Diego may file a claim under this article
with the transportation planning agency to provide commuter ferry
service on San Diego Bay for the purpose of serving peak period
commute trips for pedestrians and bicycles. The commuter ferry
service may be located anywhere on San Diego Bay, but shall be
consistent with the regional transportation plan, shall serve
employment centers and high volume activity centers, and may be
provided by contract with operators, private entities operating under
a franchise or license, or nonprofit corporations organized pursuant
to Division 2 (commencing with Section 5000) of Title 1 of the
Corporations Code.
99401. (a) The transportation planning agency shall adopt rules and
regulations delineating procedures for the submission of claims
under Section 99234 and subdivision (a) of Section 99400 and stating
criteria by which they will be analyzed and evaluated. Such rules and
regulations shall provide for orderly and periodic distributions of
moneys.
(b) The criteria applicable to analyzing and evaluating claims for
nonmotorized transportation facilities shall be the general design
criteria for such facilities established pursuant to Section 156.4 of
the Streets and Highways Code.
(c) To the extent necessary to perform its duties under this
article, the transportation planning agency shall have full access to
the books, records, and accounts of the claimant cities and
counties.
99401.5. Prior to making any allocation not directly related to
public transportation services, specialized transportation services,
or facilities provided for the exclusive use of pedestrians and
bicycles, or any allocation for purposes of subdivision (f) of
Section 99400, the transportation planning agency shall annually do
all of the following:
(a) Consult with the social services transportation advisory
council established pursuant to Section 99238.
(b) Identify the transit needs of the jurisdiction which have been
considered as part of the transportation planning process, including
the following:
(1) An annual assessment of the size and location of identifiable
groups likely to be transit dependent or transit disadvantaged,
including, but not limited to, the elderly, the handicapped,
including individuals eligible for paratransit and other special
transportation services pursuant to Section 12143 of Title 42 of the
United States Code (the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101, et seq.)), and persons of limited means,
including, but not limited to, recipients under the CalWORKs program.
(2) An analysis of the adequacy of existing public transportation
services and specialized transportation services, including privately
and publicly provided services necessary to implement the plan
prepared pursuant to Section 12143(c)(7) of Title 42 of the United
States Code, in meeting the transit demand identified pursuant to
paragraph (1).
(3) An analysis of the potential alternative public transportation
and specialized transportation services and service improvements
that would meet all or part of the transit demand.
(4) An analysis of the need to acquire or lease vans and related
equipment for a farmworker vanpool program pursuant to subdivision
(f) of Section 99400. This analysis is only required, however, upon
receipt by the transportation planning agency of a request of an
interested party identifying a potential need.
(c) Identify the unmet transit needs of the jurisdiction and those
needs that are reasonable to meet. The transportation planning
agency shall hold at least one public hearing pursuant to Section
99238.5 for the purpose of soliciting comments on the unmet transit
needs that may exist within the jurisdiction and that might be
reasonable to meet by establishing or contracting for new public
transportation or specialized transportation services or by expanding
existing services. The definition adopted by the transportation
planning agency for the terms "unmet transit needs" and "reasonable
to meet" shall be documented by resolution or in the minutes of the
agency. The fact that an identified transit need cannot be fully met
based on available resources shall not be the sole reason for finding
that a transit need is not reasonable to meet. An agency's
determination of needs that are reasonable to meet shall not be made
by comparing unmet transit needs with the need for streets and roads.
(d) Adopt by resolution a finding for the jurisdiction, after
consideration of all available information compiled pursuant to
subdivisions (a), (b), and (c). The finding shall be that (1) there
are no unmet transit needs, (2) there are no unmet transit needs that
are reasonable to meet, or (3) there are unmet transit needs,
including needs that are reasonable to meet. The resolution shall
include information developed pursuant to subdivisions (a), (b), and
(c) which provides the basis for the finding.
(e) If the transportation planning agency adopts a finding that
there are unmet transit needs, including needs that are reasonable to
meet, then the unmet transit needs shall be funded before any
allocation is made for streets and roads within the jurisdiction.
(f) The transportation planning agency shall not allocate funds
for purposes of subdivision (f) of Section 99400 until all of the
capital and operating funds necessary to meet unmet transit needs
that are reasonable to meet are allocated. The transportation
planning agency shall not reduce funding to existing public
transportation services, specialized transportation services, or
facilities for the exclusive use of pedestrians and bicycles in order
to allocate funds for purposes of subdivision (f) of Section 99400.
The transportation planning agency shall not allocate funds under
subdivision (f) of Section 99400 if the allocation replaces other
federal, state, or local funds used to fund commuter vanpools by a
county, city, transportation planning agency, or transit district.
99401.6. Upon adoption of a finding, pursuant to subdivision (d) of
Section 99401.5 that there are no unmet transit needs or that there
are no unmet transit needs that are reasonable to meet, the
transportation planning agency may allocate funds for local streets
and roads. The allocation shall not become effective until 20 days
after acknowledgment of receipt by the Department of Transportation
of documents of the agency's finding. The transportation planning
agency shall, in any case, submit the documentation before August 15
of the fiscal year of the allocation or within 10 days after the
adoption of the finding, whichever is later. The documentation shall
include all of the following:
(a) A copy of the notice of hearing and proof of publication and a
description of the actions taken to solicit citizen participation
pursuant to Section 99238. 5.
(b) A copy of the resolution or minutes documenting the
transportation planning agency's definitions of "unmet transit needs"
and "reasonable to meet," as determined pursuant to subdivision (c)
of Section 99401.5.
(c) A copy of the resolution adopting the unmet needs finding
described in subdivision (d) of Section 99401.5.
99402. Claims for streets and roads may include those purposes
necessary and convenient to the development, construction, and
maintenance of the city or county's streets and highways network,
including planning and contributions to the transportation planning
process, acquisition of real property, and construction of facilities
and buildings.
99403. In the County of Tuolumne, claims by the county or by a city
within the county for streets and roads may also include
contributions to the state for the construction and development of
State Highway Route 108 from Lime Kiln Road to Phoenix Lake Road, if
the county transportation commission determines that it is in the
best interest of the county or the city and serves the public
interest of the county or city to contribute local transportation
funds for the construction and development of that portion of Route
108. The Legislature recognizes that under Section 73 of the Streets
and Highways Code that portion of Route 108 is required to be
relinquished to local control upon completion of the Sonora Bypass
and bypass extension.
99405. (a) Except as otherwise provided in this section, the
allocation for any purpose specified in Section 99400 may in no year
exceed 50 percent of the amount required to meet the city's or county'
s total proposed expenditures for that purpose.
(b) With respect to budgeted capital requirements for major new
facilities, the transportation planning agency, notwithstanding the
50-percent limitation, may allocate up to the amount so budgeted, if
the construction of the facilities has been found to be not
inconsistent with the transportation planning agency's regional
transportation plan.
(c) The 50-percent limitation shall not apply to the allocation to
a city, county, or transit district for services under contract
pursuant to subdivision (c) or (d) of Section 99400. The city,
county, or transit district shall be subject to Section 99268.3,
99268.4, 99268.5, or 99268.9, as the case may be, and shall be deemed
an operator for purposes of those sections, or shall be subject to
regional, countywide, or county subarea performance criteria, local
match requirements, or fare recovery ratios adopted by resolution of
the transportation planning agency or the county transportation
commission for those services.
(1) In adopting the performance criteria, local match
requirements, or fare recovery ratios, the transportation planning
agency or the county transportation commission may adopt the criteria
of Section 99268.3, 99268.4, 99268.5, or 99268.9, or any combination
or all of them.
(2) If a transportation planning agency or county transportation
commission has adopted performance criteria, local match
requirements, or fare recovery ratios, the rules and regulations of
the agency or commission shall apply, and Sections 99205.7 and 99241,
subdivision (a) of Section 99247, and Section 99268.8 shall not
apply.
(d) The 50-percent limitation shall not apply to funds allocated
under this article to a city or county with a population of less than
5,000, and, notwithstanding Section 99400, the city or county may
claim funds under this article for transportation services, including
associated capital, planning, and administrative costs, without
contracting with another entity.
(e) The 50-percent limitation shall not apply to funds allocated
under this article for local street and road purposes.
99406. Expenditures of moneys received for streets and highways
purposes under this article shall be reported to the Controller by
way of inclusion of information regarding those expenditures in the
report prepared pursuant to Chapter 4 (commencing with Section 2150)
of Division 3 of the Streets and Highways Code.
The Controller shall also prepare a summary of those expenditures,
which shall include a list of the jurisdictions for which funds have
been allocated for streets and roads under this article, the amount
of the allocations, and the total funds made available to each
jurisdiction pursuant to Article 3 (commencing with Section 99230).
The Controller shall submit the report annually to the Legislature
commencing January 1, 1989.
99407. Notwithstanding any other provision of this chapter, the
transportation planning agency may approve claims filed by a city for
the construction of facilities for the exclusive use of pedestrians
and bicycles, if the city is not expected to be served by public
transportation within three years of the filing of the claims.
99408. Any action to review, set aside, void, or annul the decision
of a transportation planning agency made pursuant to Section 99401.5
shall be filed within 30 days after the agency makes its decision,
or after the secretary has reviewed the decision pursuant to Section
99242, whichever is later. However, the action need not be filed
until September 15 if the action is with respect to a decision made
prior to August 15 for the fiscal year which commenced on the July 1
immediately preceding such August 15.
