BILL NUMBER: SB 716 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 19, 2009
AMENDED IN SENATE APRIL 30, 2009
INTRODUCED BY Senator Wolk
FEBRUARY 27, 2009
An act to amend Sections 99232, 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 , and for other
specified purposes .
This bill would instead authorize those local transportation
funds to be used for local streets and roads in those circumstances
and for those other specified purposes in counties with a population
under 500,000 as of the 2000 census, and each decennial census
thereafter, and in certain other counties . The
bill, 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 99232 of the Public
Utilities Code is amended to read:
99232. For counties with a population of 500,000 or more, as
determined by the 1970 2000 federal
decennial census and each decennial census thereafter ,
but excluding counties with more than 4,500 miles of maintained
county roads as of 1970, the amount representing the apportionments
of the areas of all operators shall be available solely for claims
for Section 99234 purposes and for Article 4 (commencing with Section
99260) and Article 4.5 (commencing with Section 99275) purposes, and
any of those moneys not allocated in any year shall be available for
those claims in subsequent years.
SECTION 1. SEC. 2. 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 (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. SEC. 3. 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.