BILL NUMBER: AB 1951 CHAPTERED 09/26/00 CHAPTER 632 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2000 APPROVED BY GOVERNOR SEPTEMBER 24, 2000 PASSED THE ASSEMBLY AUGUST 31, 2000 PASSED THE SENATE AUGUST 29, 2000 AMENDED IN SENATE AUGUST 28, 2000 AMENDED IN SENATE AUGUST 14, 2000 AMENDED IN ASSEMBLY MAY 26, 2000 AMENDED IN ASSEMBLY APRIL 25, 2000 INTRODUCED BY Assembly Member Longville (Principal coauthor: Assembly Member Torlakson) (Coauthors: Assembly Members Alquist, Bates, Calderon, Cardoza, Cunneen, Dutra, Havice, Jackson, Knox, Kuehl, Machado, Romero, and Runner) (Coauthors: Senators Figueroa and Solis) FEBRUARY 15, 2000 An act to amend Section 99314 of, and to add Sections 99314.1 99314.2, and 99314.3 to, the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 1951, Longville. Transportation: public transit: funding. (1) Existing law requires that a specified portion of the funds in the Public Transportation Account in the State Transportation Fund be appropriated to the Controller for allocation to transportation planning agencies and county transportation commissions, as specified, for allocation to the transit operators in the area of the agency's or commission's jurisdiction. The allocations to the operators are required to be based on the ratio that the operator's revenue during the prior fiscal year bears to the total revenue of all operators within the agency's or commission's jurisdiction for the prior fiscal year. Under existing law, the Southern California Regional Rail Authority consists of 5 member agencies, but may be expanded as specified, and the Altamont Commuter Express Authority consists of 3 member agencies. This bill would require each authority to report to the Controller, on an annual basis, the ratio that the revenue, as defined, of each member agency of the authority during the prior fiscal year bears to the total revenue of the authority during that fiscal year, thereby imposing a state-mandated local program. The bill would require the Controller to allocate to each member agency of the authority, from funds made available from the account, as specified above, an amount that is based on the ratio provided by the authority. The bill would require the allocation to be in addition to other specified allocations. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 99314 of the Public Utilities Code is amended to read: 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. SEC. 2. Section 99314.1 is added to the Public Utilities Code, to read: 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. (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. SEC. 3. Section 99314.2 is added to the Public Utilities Code, to read: 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. SEC. 4. Section 99314.3 of the Public Utilities Code is amended to read: 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. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIIIB of the California Constitution.