Bill Text: CA SB1196 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State Transit Assistance Program: eligibility: Anaheim Transportation Network.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-06-27 - June 27 set for first hearing canceled at the request of author. [SB1196 Detail]

Download: California-2021-SB1196-Amended.html

Amended  IN  Senate  April 04, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1196


Introduced by Senator Umberg

February 17, 2022


An act to amend Section 99231 of, and to add Section 99210.2 to, 99312.2 of the Public Utilities Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 1196, as amended, Umberg. Transportation Development Act: State Transit Assistance Program: eligibility: Anaheim Transportation Network.

Existing law requires that revenues from 14% of the local sales and use tax rate be transferred to the local transportation fund of each county for allocation, as directed by the transportation planning agency, to various transportation purposes, under what is commonly known as the Transportation Development Act. Existing law specifies the allowable uses for local transportation funds, and generally requires, after certain deductions, that the funds attributed to the area of apportionment of each transit operator be used for public transportation purposes. In order to receive an allocation of these funds, existing law authorizes a transit operator to file a claim with the transportation planning agency.

Existing law also establishes the State Transit Assistance (STA) Program under the Transportation Development Act. Existing law requires the transfer of a specified portion of the sales tax on diesel fuel, in addition to various other revenues, to the Public Transportation Account, a trust fund in the State Transportation Fund. Pursuant to the STA program, existing law requires certain funds in the account to be allocated by the Controller by formula to specified local transportation agencies for public transportation purposes. Existing law provides that only STA-eligible operators are eligible to receive an allocation from a local transportation agency from the portion of program funds based on transit operator revenues. revenues and makes those operators eligible for other certain funds under the STA program, as provided. Under existing law, an STA-eligible operator is defined as a public transportation operator eligible to claim local transportation funds.
This bill would define would, for purposes of the STA program, expand the definition of an STA-eligible operator to include the Anaheim Transportation Network as an operator for purposes of the Transportation Development Act, which would authorize it to claim funding from a local transportation fund in the area of its apportionment and to receive funding under the STA program. if its bylaws are revised to increase transparency and accountability, including to provide for the appointment of its board of directors by the Anaheim City Council.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 99312.2 of the Public Utilities Code is amended to read:

99312.2.
 (a) The State Transit Assistance Program, also known as the STA program, which provides for allocations of funds made available from the Public Transportation Account pursuant to Sections 99313 and 99314, and which is governed by Sections 99312 to 99314.9, inclusive, is hereby continued in existence. The purpose of the STA program is to provide a source of state funding to eligible public transportation operators and other transportation agencies in order to support their local and regional transit operating and capital needs.
(b) For purposes of the STA program, the following terms shall have the following meanings:
(1) “Public transportation operator” has the same meaning as “operator,” as defined in Section 99210, as long as that operator operates a “public transportation system,” as defined in Section 99211.
(2) “STA-eligible operator” means a public transportation operator eligible to claim local transportation funds under either Article 4 (commencing with Section 99260) or Article 8 (commencing with Section 99400), or under both articles. articles, and also means the Anaheim Transportation Network for public transportation purposes if the Anaheim Transportation Network’s bylaws are revised to increase transparency and accountability, including to provide for the appointment of the Anaheim Transportation Network’s board of directors by the Anaheim City Council.
(c) The only entities eligible to receive direct allocations from the Controller under Sections 99313 and 99314 shall be transportation planning agencies, county transportation commissions, and the San Diego Metropolitan Transit Development Board. The Controller shall distribute funds attributable to transportation planning agencies, county transportation commissions, and the San Diego Metropolitan Transit Development Board to the applicable county treasurer’s office. Upon the request of a transportation planning agency, county transportation commission, or the San Diego Metropolitan Transit Development Board, the Controller shall instead distribute the applicable funds directly to the requesting agency.
(d) Only STA-eligible operators shall be eligible to receive STA program funds allocated by transportation planning agencies, county transportation commissions, and the San Diego Metropolitan Transit Development Board pursuant to Section 99314. An STA-eligible operator, at its discretion, may further suballocate funds it receives pursuant to Section 99314 to an entity operating local community transit services that is eligible to claim local transportation funds pursuant to Article 4.5 (commencing with Section 99275) but that is otherwise ineligible to directly receive funds allocated pursuant to Section 99314.
(e) An entity operating community transit services pursuant to Article 4.5 (commencing with Section 99275) may be allocated funds pursuant to Section 99313 as a subrecipient at the discretion of the transportation planning agency, the county transportation commission, or the San Diego Metropolitan Transit Development Board.
(f) The Los Angeles County Metropolitan Transportation Authority, which is both a county transportation commission for purposes of Sections 99313 and 99314, and an STA-eligible operator for purposes of Section 99314, may incorporate into its report pursuant to Section 99243 any operating costs for local community transit service under contract with the authority, including service provided by a consolidated transportation service agency pursuant to Section 99204.5 or by operators eligible to expend local transportation funds only under Article 4.5 (commencing with Section 99275).

SECTION 1.Section 99210.2 is added to the Public Utilities Code, to read:
99210.2.

“Operator” also means the Anaheim Transportation Network for operation of public transportation services.

SEC. 2.Section 99231 of the Public Utilities Code is amended to read:
99231.

All operators and city or county governments with responsibility for providing municipal services to a given area collectively may file claims for only those moneys that represent that area’s apportionment.

The term “apportionment” has reference to that proportion of the total annual revenue anticipated to be received in the fund that the population of the area bears to the total population of the county.

The term “area” means:

(a)With reference to a transit district, the entire area stated in its enabling legislation or franchise, excluding cities therein which have retained the right to join the district at a later time.

(b)With reference to a transit development board, the entire area stated in its enabling legislation, including the municipalities therein which operated bus systems prior to the creation of the board and subsequently conveyed those systems to the board.

(c)With reference to a county government, the unincorporated area of the county.

(d)With reference to a city government, the corporate area of the city.

(e)With reference to the City and County of San Francisco and the Counties of Alameda and Contra Costa, the unincorporated area thereof (and with reference to a city in those counties, the corporate area of the city) which is outside the area of the Alameda-Contra Costa Transit District and which is not receiving adequate local public transportation services, as determined by the Metropolitan Transportation Commission pursuant to subdivision (b) of Section 99207.

(f)Where a transit district, a transit development board, or a county or city, provides public transportation services beyond its boundaries, its area, for purposes of this section, shall also include:

(1)All of that area within one-half mile of any route which extends beyond its boundaries.

(2)All of the corporate area of a city to which it provides those services pursuant to contract or prior express authority of the secretary.

The transportation planning agency may rely, in its determination of populations, on estimates which are used by the Controller for distributing money to cities under Section 2107 of the Streets and Highways Code and to counties under Section 11005 of the Revenue and Taxation Code, and may contract with the Department of Finance or other appropriate state agency for an annual determination of those population estimates as may be necessary.

(g)With reference to the County of Riverside, the area within the jurisdiction of the transit operator established by the joint exercise of powers of one or more cities and the County of Riverside. The area within the jurisdiction of the transit operator shall be as it existed on January 1, 1981, as determined by the Riverside County Transportation Commission.

(h)With reference to the County of San Bernardino, the area within the jurisdiction of the transit operator established by the joint exercise of powers of one or more cities, including the most populous city, and the County of San Bernardino. The area within the jurisdiction of the transit operator shall be as it existed on January 1, 1985, as determined by the San Bernardino County Transportation Commission.

(i)With reference to the County of Monterey, the area including the Correctional Training Facility-Soledad even if annexed by the City of Soledad.

(j)With reference to the County of Del Norte, the area including the Pelican Bay State Prison, even if annexed by the City of Crescent City.

(k)With reference to the County of Imperial, the area including the Calipatria State Prison, even if annexed by the City of Calipatria.

(l)With reference to the County of Lassen, the area including the California Correctional Center, even if annexed by the City of Susanville.

(m)With reference to the County of Riverside, the area including the Chuckawalla Valley State Prison, even if annexed by the City of Blythe.

(n)With reference to the County of Imperial, the area including the California State Prison-Imperial County (South), even if annexed by either the City of El Centro or the City of Imperial.

(o)With reference to the County of Madera, the area including the Central California Women’s Facility and the Valley State Prison for Women, even if annexed by the City of Chowchilla.

(p)With reference to the Anaheim Transportation Network, the area within the City of Anaheim and in surrounding areas designated as within its jurisdiction by its articles of incorporation.

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