SB 508, as amended, Beall. Transportation funds: transit operators: pedestrian safety.
(1) Existing law provides various sources of funding to public transit operators. Under the Mills-Alquist-Deddeh Act, also known as the Transportation Development Act, revenues from a 1⁄4% sales tax in each county are available, among other things, for allocation by the transportation planning agency to transit operators, subject to certain financial requirements for an operator to meet in order to be eligible to receive funds. Existing law sets forth alternative ways an operator may qualify for funding, including a standard under which the allocated funds do not exceed 50% of the operator’s total operating costs, as specified, or the maintenance by the operator of a specified farebox ratio of fare revenues to operating costs. Existing law authorizes an operator to satisfy the applicable ratio of fare revenues to operating costs by supplementing its fare revenues with local funds, as defined. Existing law generally establishes the required farebox ratio as 20% in urbanized areas and 10% in nonurbanized areas, except that an operator that exceeded those percentages in the 1978-79 fiscal year is required to maintain the higher farebox ratios in order to remain eligible for funding. Existing law provides various exceptions to the definition of “operating cost” for these purposes.
This bill would delete the requirement for transit operators to maintain higher farebox requirements based on the 1978-79 fiscal year. The bill would exempt additional categories of expenditures from the definition of “operating cost” used to determine compliance with required farebox ratios, including, among others, certain fuel, insurance, and claims settlement cost increases beyond the change in the Consumer Price Index. The bill would also exempt startup costs for new transit services for up to 2 years. The bill would revise the definition of local funds. The bill would revise the definition of “operating cost” for performance audit and certain other purposes to exclude principal and interest payments on capital projects funded with certificates of participation.
(2) The Mills-Alquist-Deddeh Act, also known as the Transportation Development Act, also generally requires the allocation of 2% of available funds to cities and counties for facilities for bicycles and pedestrians. Existing law provides that a city or county may expend up to 5% of its bicycle and pedestrian allocation to supplement moneys from other sources to fund bicycle safety education programs, as long as this amount is not used to fully fund the salary of any one person.
This bill would also authorize the funding of pedestrian safety education programs from the 5% amount.
(3) Existing law creates the State Transit Assistance program, under which certain revenues in the Public Transportation Account are allocated by formula for public transportation purposes. Under that program, after the 2015-16 fiscal year, funds may not be allocated to a transit operator for operating purposes unless the operator meets certain efficiency standards. Compliance with the efficiency standards is based on whether the operator’s total operating cost per revenue vehicle hour is increasing by no more than the Consumer Price Index, as specified. Existing law imposes no restrictions on allocations of funds for capital purposes. Existing law provides for funds withheld from an operator to be retained by the allocating transportation planning agency for allocation in a later year if the operator can subsequently meet the efficiency standards, and in certain cases, provides for the funds to be reallocated to other transit purposes, or to revert to the Controller.
This bill, commencing July 1, 2016, rather than making an operator ineligible to receive State Transit Assistance program funds for operating purposes for an entire year for failing to meet the efficiency standards, would instead reduce the operator’s operating allocation by a specified percentage, based on the percentage amount that the operator failed to meet the efficiency standards, as specified. The bill, on that date, would delete provisions related to funds withheld, reallocated, or reverted by the transportation planning agency.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 99233.3 of the Public Utilities Code is
2amended to read:
Two percent of the remaining money in the fund shall
4be made available to counties and cities for facilities provided for
5the exclusive use of pedestrians and bicycles unless the
6transportation planning agency finds that the money could be used
7to better advantage for the purposes stated in Article 4
8(commencing with Section 99260) and Article 4.5 (commencing
9with Section 99275), or for local street and road purposes in those
10areas where the money may be expended for those purposes, in
11the development of a balanced transportation system. Of the
12amount made available to a city or county pursuant to this section,
13
5 percent thereof may be expended to supplement moneys from
14other sources to fund bicycle and pedestrian safety education
15programs, but shall not be used to fully fund the salary of any one
16person.
Section 99234 of the Public Utilities Code is amended
18to read:
(a) Claims for facilities provided for the exclusive use
20of pedestrians and bicycles or for bicycle and pedestrian safety
21education programs shall be filed according to the rules and
22regulations adopted by the transportation planning agency.
23(b) The money shall be allocated for the construction, including
24related engineering expenses, of those facilities pursuant to
25procedures or criteria established by the transportation planning
26agency for the area within its jurisdiction, or for bicycle and
27pedestrian safety education programs.
P4 1(c) The money may be allocated for the maintenance of
bicycling
2
trails that are closed to motorized traffic pursuant to procedures
3or criteria established by the transportation planning agency for
4the area within its jurisdiction.
5(d) The money may be allocated without respect to Section
699231 and shall not be included in determining the apportionments
7to a city or county for purposes of Sections 99233.7 to 99233.9,
8inclusive.
9(e) Facilities provided for the use of bicycles may include
10projects that serve the needs of commuting bicyclists, including,
11but not limited to, new trails serving major transportation corridors,
12secure bicycle parking at employment centers, park and ride lots,
13and transit terminals where other funds are unavailable.
14(f) Notwithstanding any other
provision of this section, a
15planning agency established in Title 7.1 (commencing with Section
1666500) of the Government Code may allocate the money to the
17Association of Bay Area Governments for activities required by
18Chapter 11 (commencing with Section 5850) of Division 5 of the
19Public Resources Code.
20(g) Notwithstanding any other provision of this section, the
21transportation planning agencies that allocate funds, pursuant to
22this section, to the cities and counties with jurisdiction or a sphere
23of influence within the delta, as defined in Section 5852 of the
24Public Resources Code, may allocate the money to the Delta
25Protection Commission for activities required by Chapter 12
26(commencing with Section 5852) of Division 5 of the Public
27Resources Code.
28(h) Within 30 days
after receiving a request for a review from
29any city or county, the transportation planning agency shall review
30its allocations made pursuant to Section 99233.3.
31(i) In addition to the purposes authorized in this section, a
32portion of the amount available to a city or county pursuant to
33Section 99233.3 may be allocated to develop a comprehensive
34bicycle and pedestrian facilities plan, with an emphasis on bicycle
35projects intended to accommodate bicycle commuters rather than
36recreational bicycle users. An allocation under this subdivision
37may not be made more than once every five years.
38(j) Up to 20 percent of the amount available each year to a city
39or county pursuant to Section 99233.3 may be allocated to restripe
40class II bicycle lanes.
Section 99247 of the Public Utilities Code is amended
2to read:
For purposes of Section 99246, and as used elsewhere
4in this article:
5(a) “Operating cost” means all costs in the operating expense
6object classes exclusive of the costs in the depreciation and
7amortization expense object class of the uniform system of
8accounts and records adopted by the Controller pursuant to Section
999243. “Operating cost” excludes all subsidies for commuter rail
10services operated on railroad lines under the jurisdiction of the
11
Federal Railroad Administration, all direct costs for providing
12charter services, all vehicle lease costs, and principal and interest
13payments on capital projects funded with certificates of
14participation.
15(b) “Operating cost per passenger” means the operating cost
16divided by the total passengers.
17(c) “Operating cost per vehicle service hour” means the
18operating cost divided by the vehicle service hours.
19(d) “Passengers per vehicle service hour” means the total
20passengers divided by the vehicle service hours.
21(e) “Passengers per vehicle service mile” means the total
22passengers divided by the vehicle service miles.
23(f) “Total passengers” means the number of boarding passengers,
24whether revenue producing or not, carried by the public
25transportation system.
26(g) “Transit vehicle” means a vehicle, including, but not limited
27to, one operated on rails or tracks, which is used for public
28transportation services funded, in whole or in part, under this
29chapter.
30(h) “Vehicle service hours” means the total number of hours
31that each transit vehicle is in revenue service, including layover
32time.
33(i) “Vehicle service miles” means the total number of miles that
34each transit vehicle is in revenue service.
35(j) “Vehicle service hours per employee” means the vehicle
36service hours divided by the number of employees employed in
37connection with the public transportation system, based on the
38assumption that 2,000 person-hours of work in one year constitute
39one employee. The count of employees shall also include those
40individuals employed by the operator which provide services to
P6 1the agency of the operator responsible for the operation of the
2public transportation system even though not employed in that
3agency.
Section 99268.2 of the Public Utilities Code is
5amended to read:
In the case of an operator required to be in compliance
7with Section 99268 under Section 99268.1, the operator may be
8allocated additional funds that could not be allocated to it because
9of those requirements, if it maintains, for the fiscal year, a ratio of
10fare revenues to operating cost, as defined by subdivision (a) of
11Section 99247, at least equal to one-fifth if serving an urbanized
12area or one-tenth if serving a nonurbanized area.
Section 99268.3 of the Public Utilities Code is
14amended to read:
(a) In the case of an operator that is serving an
16urbanized area, and that was eligible for funds under this article
17during the 1978-79 fiscal year even though not required to be in
18compliance with Section 99268 or that commenced operation after
19that fiscal year, the operator shall be eligible for those funds in
20any fiscal year, commencing with claims for the 1980-81 fiscal
21year, if it maintains, for the fiscal year, a ratio of fare revenues to
22operating cost, as defined by subdivision (a) of Section 99247, at
23least equal to one-fifth.
24(b) In the case of an operator that is serving an urbanized area,
25and that was in operation during the 1978-79
fiscal year even
26though not then eligible for funds under this article, but that has
27since become eligible for those funds, the operator shall be eligible
28for the funds in any fiscal year, commencing with the 1980-81
29fiscal year, if it complies with either of the following:
30(1) The requirements of Section 99268.
31(2) The requirements of subdivision (a).
Section 99268.4 of the Public Utilities Code is
33amended to read:
In the case of an operator that is serving a
35nonurbanized area, and that was eligible for funds under this article
36during the 1978-79 fiscal year even though not required to be in
37compliance with Section 99268 or that commenced operation after
38that fiscal year, the operator shall be eligible for those funds in
39any fiscal year, commencing with claims for the 1980-81 fiscal
40year, if it maintains, for the fiscal year, a ratio of fare revenues to
P7 1operating cost, as defined by subdivision (a) of Section 99247, at
2least equal to one-tenth.
Section 99268.17 of the Public Utilities Code is
4amended to read:
(a) Notwithstanding subdivision (a) of Section
699247, the following costs shall be excluded from the definition
7of “operating cost” for the purposes of calculating any required
8ratios of fare revenues to operating cost specified in this article:
9(1) The additional operating costs required to provide
10comparable complementary paratransit service as required by
11Section 37.121 of Title 49 of the Code of Federal Regulations,
12pursuant to the federal Americans with Disabilities Act of 1990
13(42 U.S.C. Sec. 12101 et seq.), as identified in the operator’s
14
paratransit plan pursuant to Section 37.139 of Title 49 of the Code
15of Federal Regulations that exceed the operator’s costs required
16to provide comparable complementary paratransit service in the
17prior year as adjusted by the Consumer Price Index.
18(2) Cost increases beyond the change in the Consumer Price
19Index for all of the following:
20(A) Fuel.
21(B) Alternative fuel programs.
22(C) Power, including electricity.
23(D) Insurance premiums and payments in settlement of claims
24arising out of the operator’s liability.
25(E) State and federal mandates.
26(3) Startup costs for new services for a period of not more than
27two years.
28(b) The exclusion of costs from the definition of operating costs
29in subdivision (a) applies solely for the purpose of this article and
30does not authorize an operator to report an operating cost other
31than as defined in subdivision (a) of Section 99247 or a ratio of
32fare revenue to operating cost other than as that ratio is described
33elsewhere in this article, to any of the following entities:
34(1) The Controller pursuant to Section 99243.
35(2) The entity conducting the fiscal audit pursuant to Section
3699245.
37(3) The entity conducting the performance audit pursuant to
38Section 99246.
Section 99268.19 of the Public Utilities Code is
40amended to read:
If fare revenues are insufficient to meet the
2applicable ratio of fare revenues to operating cost required by this
3article, an operator may satisfy that requirement by supplementing
4its fare revenues with local funds. As used in this section, “local
5funds” means any nonfederal or nonstate grant funds or other
6revenues generated by, earned by, or distributed to an operator.
Section 99314.6 of the Public Utilities Code is
8amended to read:
(a) Except as provided in Section 99314.7, the
10following eligibility standards apply:
11(1) Except as provided in paragraph (2), funds shall not be
12allocated for operating purposes pursuant to Sections 99313 and
1399314 to an operator unless the operator meets either of the
14following efficiency standards:
15(A) The operator’s total operating cost per revenue vehicle hour
16in the latest year for which audited data are available does not
17exceed the sum of the preceding year’s total operating cost per
18revenue vehicle hour and an amount equal to the product of the
19percentage change in the Consumer Price Index for the same period
20multiplied
by the preceding year’s total operating cost per revenue
21vehicle hour.
22(B) The operator’s average total operating cost per revenue
23vehicle hour in the latest three years for which audited data are
24available does not exceed the sum of the average of the total
25operating cost per revenue vehicle hour in the three years preceding
26the latest year for which audited data are available and an amount
27equal to the product of the average percentage change in the
28Consumer Price Index for the same period multiplied by the
29average total operating cost per revenue vehicle hour in the same
30three years.
31(2) The transportation planning agency, county transportation
32commission, or the San Diego Metropolitan Transit Development
33Board, as the case may be, shall adjust the calculation of operating
34costs
and revenue vehicle hours pursuant to paragraph (1) to
35account for either or both of the following factors:
36(A) Exclusion of costs increases beyond the change in the
37Consumer Price Index for fuel; alternative fuel programs; power,
38including electricity; insurance premiums and payments in
39settlement of claims arising out of the operator’s liability; or state
40or federal mandates, including the additional operating costs
P9 1required to provide comparable complementary paratransit service
2as required by Section 37.121 of Title 49 of the Code of Federal
3Regulations, pursuant to the Americans with Disabilities Act of
41990 (42 U.S.C. Sec. 12101 et seq.), as identified in the operator’s
5paratransit plan pursuant to Section 37.139 of Title 49 of the Code
6of Federal Regulations.
7(B) Exclusion
of startup costs for new services for a period of
8not more than two years.
9(3) Funds withheld from allocation to an operator pursuant to
10paragraph (1) shall be retained by the transportation planning
11agency, county transportation commission, or the San Diego
12Metropolitan Transit Development Board, as the case may be, for
13reallocation to that operator for two years following the year of
14ineligibility. In a year in which an operator’s funds are allocated
15pursuant to paragraph (1), funds withheld from allocation during
16a preceding year shall also be allocated. Funds not allocated before
17the commencement of the third year following the year of
18ineligibility shall be reallocated to cost effective high priority
19regional transit activities, as determined by the transportation
20planning agency, county transportation commission, or the San
21Diego
Metropolitan Transit Development Board, as the case may
22be. If that agency or commission, or the board, determines that no
23cost effective high priority regional transit activity exists, the
24unallocated funds shall revert to the Controller for reallocation.
25(b) As used in this section, the following terms have the
26following meanings:
27(1) “Operating cost” means the total operating cost as reported
28by the operator under the Uniform System of Accounts and
29Records, pursuant to Section 99243 and subdivision (a) of Section
3099247.
31(2) “Revenue vehicle hours” has the same meaning as “vehicle
32service hours,” as defined in subdivision (h) of Section 99247.
33(3) “Consumer
Price Index,” as applied to an operator, is the
34regional Consumer Price Index for that operator’s region, as
35published by the United States Bureau of Labor Statistics. If a
36regional index is not published, the index for the State of California
37applies.
38(4) “New service” has the same meaning as “extension of public
39transportation services” as defined in Section 99268.8.
P10 1(c) The restrictions in this section do not apply to allocations
2made for capital purposes.
3(d) The exclusion of costs increases described in paragraph (2)
4of subdivision (a) applies solely for the purpose of calculating an
5operator’s eligibility to claim funds pursuant to this section and
6does not authorize an operator to report an operating cost per
7revenue
vehicle hour other than as described in this section and in
8Section 99247, to any of the following entities:
9(1) The Controller pursuant to Section 99243.
10(2) The entity conducting the fiscal audit pursuant to Section
1199245.
12(3) The entity conducting the performance audit pursuant to
13Section 99246.
14(e) The restrictions in this section shall not apply to the
15allocation of funds made pursuant to Sections 99313 and 99314
16after January 1, 2010, and through the 2015-16 fiscal year.
17(f) This section shall become inoperative on July 1, 2016, and,
18as of January 1, 2017, is repealed, unless a
later enacted statute,
19that becomes operative on or before January 1, 2017, deletes or
20extends the dates on which it becomes inoperative and is repealed.
Section 99314.6 is added to the Public Utilities Code,
22to read:
(a) Except as provided in Section 99314.7, the
24following eligibility standards apply:
25(1) Except as provided in paragraph (2), funds shall not be
26allocated for operating purposes pursuant to Sections 99313 and
2799314 to an operator unless the operator meets either of the
28following efficiency standards:
29(A) The operator’s total operating cost per revenue vehicle hour
30in the latest year for which audited data are available does not
31exceed the sum of the preceding year’s total operating cost per
32revenue vehicle hour and an amount equal to the product of the
33percentage change in the Consumer Price Index for the same period
34multiplied by the preceding year’s total operating cost per revenue
35vehicle
hour.
36(B) The operator’s average total operating cost per revenue
37vehicle hour in the latest three years for which audited data are
38available does not exceed the sum of the average of the total
39operating cost per revenue vehicle hour in the three years preceding
40the latest year for which audited data are available and an amount
P11 1equal to the product of the average percentage change in the
2Consumer Price Index for the same period multiplied by the
3average total operating cost per revenue vehicle hour in the same
4three years.
5(2) The transportation planning agency, county transportation
6commission, or the San Diego Metropolitan Transit Development
7Board, as the case may be, shall adjust the calculation of operating
8costs and revenue vehicle hours pursuant to paragraph (1) to
9account for either or both of the following factors:
10(A) Exclusion of costs increases beyond the change in the
11Consumer Price Index for fuel; alternative fuel programs; power,
12including electricity; insurance premiums and payments in
13settlement of claims arising out of the operator’s liability; or state
14or federal mandates, including the additional operating costs
15required to provide comparable complementary paratransit service
16as required by Section 37.121 of Title 49 of the Code of Federal
17Regulations, pursuant to the Americans with Disabilities Act of
181990 (42 U.S.C. Sec. 12101 et seq.), as identified in the operator’s
19paratransit plan pursuant to Section 37.139 of Title 49 of the Code
20of Federal Regulations.
21(B) Exclusion of startup costs for new services for a period of
22not more than two years.
23(3) Funds withheld from allocation to an operator pursuant to
24paragraph (1)
shall be retained by the transportation planning
25agency, county transportation commission, or the San Diego
26Metropolitan Transit Development Board, as the case may be, for
27reallocation to that operator for two years following the year of
28ineligibility. In a year in which an operator’s funds are allocated
29pursuant to paragraph (1), funds withheld from allocation during
30a preceding year shall also be allocated. Funds not allocated before
31the commencement of the third year following the year of
32ineligibility shall be reallocated to cost effective high priority
33regional transit activities, as determined by the transportation
34planning agency, county transportation commission, or the San
35Diego Metropolitan Transit Development Board, as the case may
36be. If that agency or commission, or the board, determines that no
37cost effective high priority regional transit activity exists, the
38unallocated funds shall revert to the Controller for reallocation.
39(b) As used in this section, the following terms have the
40following meanings:
P12 1(1) “Operating cost” means the total operating cost as reported
2by the operator under the Uniform System of Accounts and
3Records, pursuant to Section 99243 and subdivision (a) of Section
499247.
5(2) “Revenue vehicle hours” has the same meaning as “vehicle
6service hours,” as defined in subdivision (h) of Section 99247.
7(3) “Consumer Price Index,” as applied to an operator, is the
8regional Consumer Price Index for that operator’s region, as
9published by the United States Bureau of Labor Statistics. If a
10regional index is not published, the index for the State of California
11applies.
12(4) “New service” has the same meaning as “extension of public
13transportation
services” as defined in Section 99268.8.
14(c) The restrictions in this section do not apply to allocations
15made for capital purposes.
16(d) The exclusion of costs increases described in paragraph (2)
17of subdivision (a) applies solely for the purpose of calculating an
18operator’s eligibility to claim funds pursuant to this section and
19does not authorize an operator to report an operating cost per
20revenue vehicle hour other than as described in this section and in
21Section 99247, to any of the following entities:
22(1) The Controller pursuant to Section 99243.
23(2) The entity conducting the fiscal audit pursuant to Section
2499245.
25(3) The entity conducting the performance audit pursuant to
26Section
99246.
27(e) This section shall become operative on July 1, 2016.
begin insertSection 99314.6 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
29to read:end insert
(a) Except as provided in Section 99314.7, the
31following eligibility standards apply:
32(1) Except as provided in paragraph (3), funds shall be allocated
33for operating or capital purposes pursuant to Sections 99313 and
3499314 to an operator if the operator meets either of the following
35efficiency standards:
36(A) The operator shall receive its entire allocation, and any or
37all of this allocation may be used for operating purposes, if the
38operator’s total operating cost per revenue vehicle hour in the
39latest year for which audited data are available does not exceed
40the sum of the preceding year’s total operating cost per revenue
P13 1vehicle hour and an amount equal to the product of the percentage
2change in
the Consumer Price Index for the same period multiplied
3by the preceding year’s total operating cost per revenue vehicle
4hour.
5(B) The operator shall receive its entire allocation, and any or
6all of this allocation may be used for operating purposes, if the
7operator’s average total operating cost per revenue vehicle hour
8in the latest three years for which audited data are available does
9not exceed the sum of the average of the total operating cost per
10revenue vehicle hour in the three years preceding the latest year
11for which audited data are available and an amount equal to the
12product of the average percentage change in the Consumer Price
13Index for the same period multiplied by the average total operating
14cost per revenue vehicle hour in the same three years.
15(2) If an operator does not meet either efficiency standard under
16paragraph (1), the operator shall receive its entire
allocation and
17the funds shall be allocated pursuant to this paragraph. The portion
18of the allocation that the operator may use for operations shall be
19the total allocation to the operator reduced by the lowest
20percentage by which the operator’s total operating cost per
21revenue vehicle hour for the applicable year or three-year period
22calculated pursuant to subparagraph (A) or (B) of paragraph (1)
23exceeded the target amount necessary to meet the applicable
24efficiency standard. The remaining portion of the operator’s
25allocation shall be used only for capital purposes.
26(3) The transportation planning agency, county transportation
27commission, or the San Diego Metropolitan Transit Development
28Board, as the case may be, shall adjust the calculation of operating
29costs and revenue vehicle hours pursuant to paragraph (1) to
30account for either or both of the following factors:
31(A) Exclusion of cost increases beyond the change in the
32Consumer Price Index for fuel; alternative fuel programs; power,
33including electricity; insurance premiums and payments in
34settlement of claims arising out of the operator’s liability; or state
35or federal mandates, including the additional operating costs
36required to provide comparable complementary paratransit service
37as required by Section 37.121 of Title 49 of the Code of Federal
38Regulations, pursuant to the federal Americans with Disabilities
39Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as identified in the
P14 1operator’s paratransit plan pursuant to Section 37.139 of Title 49
2of the Code of Federal Regulations.
3(B) Exclusion of startup costs for new services for a period of
4not more than two years.
5(b) As used in this section, the following terms have the following
6meanings:
7(1) “Operating cost” means the total operating cost as reported
8by the operator under the uniform system of accounts and records,
9pursuant to Section 99243 and subdivision (a) of Section 99247.
10(2) “Revenue vehicle hours” has the same meaning as “vehicle
11service hours,” as defined in subdivision (h) of Section 99247.
12(3) “Consumer Price Index,” as applied to an operator, is the
13regional Consumer Price Index for that operator’s region, as
14published by the United States Bureau of Labor Statistics. If a
15regional index is not published, the index for the State of California
16applies.
17(4) “New service” has the same meaning as “extension of public
18transportation services” as defined in Section 99268.8.
19(c) The restrictions in this section do not apply to allocations
20made for capital purposes.
21(d) The exclusion of cost increases described in paragraph (3)
22of subdivision (a) applies solely for the purpose of calculating an
23operator’s eligibility to claim funds pursuant to this section and
24does not authorize an operator to report an operating cost per
25revenue vehicle hour, other than as described in this section and
26in Section 99247, to any of the following entities:
27(1) The Controller pursuant to Section 99243.
28(2) The entity conducting the fiscal audit pursuant to Section
2999245.
30(3) The entity conducting the performance audit pursuant to
31Section 99246.
32(e) This section shall become operative on July 1, 2016.
O
95