BILL NUMBER: SB 716	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2009

INTRODUCED BY   Senator Wolk

                        FEBRUARY 27, 2009

   An act to  add Section 99233.6 to   amend
Sections 99400 and 99401.6 of  the Public Utilities Code,
relating to transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 716, as amended, Wolk. Local transportation funds.
   Existing law requires that 1/4% of the local sales and use tax be
transferred to the local transportation fund of the county and be
allocated, as directed by the transportation planning agency, for
various transportation purposes.  Existing law specifies the
allowable uses for local transportation funds, and generally requires
these funds to be used for transit purposes in urban counties, while
in counties with a population under 500,000 as of the 1970 census
and certain other counties, these funds may also be used for local
streets and roads if the transportation planning agency finds that
there are no unmet transit needs or no unmet transit needs that are
reasonable to meet. 
   This bill  would authorize a county, city, county
transportation commission, or transit operator to file a claim for an
allocation of funds for vanpool service operation expenditures and
capital improvement expenditures, including for vanpool services for
purposes of farmworker transportation to and from work  
,   in those counties where local transportation funds may
be allocated to local streets and roads, would also authorize use of
those funds for specified farmworker vanpool purposes upon a finding
by the transportation planning agency that there are no unmet transit
needs or no unmet transit needs that are reasonable to meet  .

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 99400 of the   Public
Utilities Code   is amended to read: 
   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  (e)   (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, but not
for operating costs, for a farmworker vanpool program for purposes of
farmworker transportation to and from work. 
   SEC. 2.    Section 99401.6 of the   Public
Utilities Code   is amended to read: 
   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  or for a vanpool program as specified in subdivision
(f) of Section 99400  . 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. 
  SECTION 1.    Section 99233.6 is added to the
Public Utilities Code, to read:
   99233.6.  Any county, city, county transportation commission, or
operator may file claims with the transportation planning agency for
vanpool service operation expenditures and capital improvement
expenditures, including for vanpool services for purposes of
farmworker transportation to and from work.