BILL NUMBER: SB 716 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 14, 2009
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
99400, 99401.5, and 99401.6 of, and to add Section
99232.1 to, 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 for allocation , as directed by
the transportation planning agency, for to
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 ,
for counties that had a population of less than 500,000 as of the
1970 decennial census, but that have a population of 500,000 or more
as of the 2000 decennial census or at a subsequent census, would
require the local transportation funds apportioned to the urbanized
areas of those counties to generally be allocated for public transit
purposes and not for street and road purposes, while funds
apportioned to the nonurbanized areas in those counties would remain
available for allocation to street and road purposes and for other
specified purposes. The bill would delay, until July 1, 2013, the
application of these new provisions to certain counties . The
bill, in those counties and areas of counties
where local transportation funds may be allocated to local
streets and roads, would also authorize use
allocation 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 and after all of the capital and operating
funds necessary to meet unmet transit needs that are reasonable to
meet are allocated. The bill would make other related changes .
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 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. Section 99232.1 is added to the
Public Utilities Code , to read:
99232.1. (a) Notwithstanding Section 99232, for each county with
a population of less than 500,000 as of the 1970 federal decennial
census, but with a population of 500,000 or more as of the 2000
federal decennial census, or a county whose population is 500,000 or
more at a subsequent decennial census, the apportionment to the areas
within the urbanized areas of the county, as defined for purposes of
the 2000 federal decennial census and each census thereafter, shall
be available solely for claims for Article 4 (commencing with Section
99260) and Article 4.5 (commencing with Section 99275) purposes. In
a county subject to this section, the apportionment for areas outside
of the urbanized area of the county may be used for claims for
Article 4 (commencing with Section 99260), Article 4.5 (commencing
with Section 99275), and Article 8 (commencing with Section 99400)
purposes, providing that allocations under Article 8 (commencing with
Section 99400) shall be subject to the unmet needs process as
prescribed by Section 99401.5.
(b) For a county that becomes subject to this section as a result
of the 2010 decennial census, this section shall not apply to that
county until July 1, 2013.
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. 3. Section 99401.5 of the Public
Utilities Code is amended to read:
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.
SEC. 3. SEC. 4. 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.