Bill Text: CA SB508 | 2015-2016 | Regular Session | Chaptered
Bill Title: Transportation funds: transit operators: pedestrian safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-09 - Chaptered by Secretary of State. Chapter 716, Statutes of 2015. [SB508 Detail]
Download: California-2015-SB508-Chaptered.html
BILL NUMBER: SB 508 CHAPTERED
BILL TEXT
CHAPTER 716
FILED WITH SECRETARY OF STATE OCTOBER 9, 2015
APPROVED BY GOVERNOR OCTOBER 9, 2015
PASSED THE SENATE SEPTEMBER 1, 2015
PASSED THE ASSEMBLY AUGUST 31, 2015
AMENDED IN ASSEMBLY AUGUST 20, 2015
AMENDED IN ASSEMBLY JULY 15, 2015
AMENDED IN SENATE MAY 12, 2015
AMENDED IN SENATE APRIL 27, 2015
INTRODUCED BY Senator Beall
FEBRUARY 26, 2015
An act to amend Sections 99233.3, 99234, 99247, 99268.2, 99268.3,
99268.4, 99268.17, and 99268.19 of, and to amend, repeal, and add
Section 99314.6 of, the Public Utilities Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 508, Beall. Transportation funds: transit operators:
pedestrian safety.
(1) Existing law provides various sources of funding to public
transit operators. Under the Mills-Alquist-Deddeh Act, also known as
the Transportation Development Act, revenues from a 1/4% sales tax in
each county are available, among other things, for allocation by the
transportation planning agency to transit operators, subject to
certain financial requirements for an operator to meet in order to be
eligible to receive funds. Existing law sets forth alternative ways
an operator may qualify for funding, including a standard under which
the allocated funds do not exceed 50% of the operator's total
operating costs, as specified, or the maintenance by the operator of
a specified farebox ratio of fare revenues to operating costs.
Existing law authorizes an operator to satisfy the applicable ratio
of fare revenues to operating costs by supplementing its fare
revenues with local funds, as defined. Existing law generally
establishes the required farebox ratio as 20% in urbanized areas and
10% in nonurbanized areas, except that an operator that exceeded
those percentages in the 1978-79 fiscal year is required to maintain
the higher farebox ratios in order to remain eligible for funding.
Existing law provides various exceptions to the definition of
"operating cost" for these purposes.
This bill would delete the requirement for transit operators to
maintain higher farebox requirements based on the 1978-79 fiscal
year. The bill would exempt additional categories of expenditures
from the definition of "operating cost" used to determine compliance
with required farebox ratios, including, among others, certain fuel,
insurance, and claims settlement cost increases beyond the change in
the Consumer Price Index. The bill would also exempt startup costs
for new transit services for up to 2 years. The bill would revise the
definition of local funds. The bill would revise the definition of
"operating cost" for performance audit and certain other purposes to
exclude principal and interest payments on capital projects funded
with certificates of participation.
(2) The Mills-Alquist-Deddeh Act, also known as the Transportation
Development Act, also generally requires the allocation of 2% of
available funds to cities and counties for facilities for bicycles
and pedestrians. Existing law provides that a city or county may
expend up to 5% of its bicycle and pedestrian allocation to
supplement moneys from other sources to fund bicycle safety education
programs, as long as this amount is not used to fully fund the
salary of any one person.
This bill would also authorize the funding of pedestrian safety
education programs from the 5% amount.
(3) Existing law creates the State Transit Assistance program,
under which certain revenues in the Public Transportation Account are
allocated by formula for public transportation purposes. Under that
program, after the 2015-16 fiscal year, funds may not be allocated to
a transit operator for operating purposes unless the operator meets
certain efficiency standards. Compliance with the efficiency
standards is based on whether the operator's total operating cost per
revenue vehicle hour is increasing by no more than the Consumer
Price Index, as specified. Existing law imposes no restrictions on
allocations of funds for capital purposes. Existing law provides for
funds withheld from an operator to be retained by the allocating
transportation planning agency for allocation in a later year if the
operator can subsequently meet the efficiency standards, and in
certain cases, provides for the funds to be reallocated to other
transit purposes, or to revert to the Controller.
This bill, commencing July 1, 2016, rather than making an operator
ineligible to receive State Transit Assistance program funds for
operating purposes for an entire year for failing to meet the
efficiency standards, would instead reduce the operator's operating
allocation by a specified percentage, based on the percentage amount
that the operator failed to meet the efficiency standards, as
specified. The bill, on that date, would delete provisions related to
funds withheld, reallocated, or reverted by the transportation
planning agency.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 99233.3 of the Public Utilities Code is amended
to read:
99233.3. Two percent of the remaining money in the fund shall be
made available to counties and cities for facilities provided for the
exclusive use of pedestrians and bicycles unless the transportation
planning agency finds that the money could be used to better
advantage for the purposes stated in Article 4 (commencing with
Section 99260) and Article 4.5 (commencing with Section 99275), or
for local street and road purposes in those areas where the money may
be expended for those purposes, in the development of a balanced
transportation system. Of the amount made available to a city or
county pursuant to this section, 5 percent thereof may be expended to
supplement moneys from other sources to fund bicycle and pedestrian
safety education programs, but shall not be used to fully fund the
salary of any one person.
SEC. 2. Section 99234 of the Public Utilities Code is amended to
read:
99234. (a) Claims for facilities provided for the exclusive use
of pedestrians and bicycles or for bicycle and pedestrian safety
education programs shall be filed according to the rules and
regulations adopted by the transportation planning agency.
(b) The money shall be allocated for the construction, including
related engineering expenses, of those facilities pursuant to
procedures or criteria established by the transportation planning
agency for the area within its jurisdiction, or for bicycle and
pedestrian safety education programs.
(c) The money may be allocated for the maintenance of bicycling
trails that are closed to motorized traffic pursuant to procedures or
criteria established by the transportation planning agency for the
area within its jurisdiction.
(d) The money may be allocated without respect to Section 99231
and shall not be included in determining the apportionments to a city
or county for purposes of Sections 99233.7 to 99233.9, inclusive.
(e) Facilities provided for the use of bicycles may include
projects that serve the needs of commuting bicyclists, including, but
not limited to, new trails serving major transportation corridors,
secure bicycle parking at employment centers, park and ride lots, and
transit terminals where other funds are unavailable.
(f) Notwithstanding any other provision of this section, a
planning agency established in Title 7.1 (commencing with Section
66500) of the Government Code may allocate the money to the
Association of Bay Area Governments for activities required by
Chapter 11 (commencing with Section 5850) of Division 5 of the Public
Resources Code.
(g) Notwithstanding any other provision of this section, the
transportation planning agencies that allocate funds, pursuant to
this section, to the cities and counties with jurisdiction or a
sphere of influence within the delta, as defined in Section 5852 of
the Public Resources Code, may allocate the money to the Delta
Protection Commission for activities required by Chapter 12
(commencing with Section 5852) of Division 5 of the Public Resources
Code.
(h) Within 30 days after receiving a request for a review from any
city or county, the transportation planning agency shall review its
allocations made pursuant to Section 99233.3.
(i) In addition to the purposes authorized in this section, a
portion of the amount available to a city or county pursuant to
Section 99233.3 may be allocated to develop a comprehensive bicycle
and pedestrian facilities plan, with an emphasis on bicycle projects
intended to accommodate bicycle commuters rather than recreational
bicycle users. An allocation under this subdivision may not be made
more than once every five years.
(j) Up to 20 percent of the amount available each year to a city
or county pursuant to Section 99233.3 may be allocated to restripe
class II bicycle lanes.
SEC. 3. Section 99247 of the Public Utilities Code is amended to
read:
99247. For purposes of Section 99246, and as used elsewhere in
this article:
(a) "Operating cost" means all costs in the operating expense
object classes exclusive of the costs in the depreciation and
amortization expense object class of the uniform system of accounts
and records adopted by the Controller pursuant to Section 99243.
"Operating cost" excludes all subsidies for commuter rail services
operated on railroad lines under the jurisdiction of the Federal
Railroad Administration, all direct costs for providing charter
services, all vehicle lease costs, and principal and interest
payments on capital projects funded with certificates of
participation.
(b) "Operating cost per passenger" means the operating cost
divided by the total passengers.
(c) "Operating cost per vehicle service hour" means the operating
cost divided by the vehicle service hours.
(d) "Passengers per vehicle service hour" means the total
passengers divided by the vehicle service hours.
(e) "Passengers per vehicle service mile" means the total
passengers divided by the vehicle service miles.
(f) "Total passengers" means the number of boarding passengers,
whether revenue producing or not, carried by the public
transportation system.
(g) "Transit vehicle" means a vehicle, including, but not limited
to, one operated on rails or tracks, which is used for public
transportation services funded, in whole or in part, under this
chapter.
(h) "Vehicle service hours" means the total number of hours that
each transit vehicle is in revenue service, including layover time.
(i) "Vehicle service miles" means the total number of miles that
each transit vehicle is in revenue service.
(j) "Vehicle service hours per employee" means the vehicle service
hours divided by the number of employees employed in connection with
the public transportation system, based on the assumption that 2,000
person-hours of work in one year constitute one employee. The count
of employees shall also include those individuals employed by the
operator which provide services to the agency of the operator
responsible for the operation of the public transportation system
even though not employed in that agency.
SEC. 4. Section 99268.2 of the Public Utilities Code is amended to
read:
99268.2. In the case of an operator required to be in compliance
with Section 99268 under Section 99268.1, the operator may be
allocated additional funds that could not be allocated to it because
of those requirements, if it maintains, for the fiscal year, a ratio
of fare revenues to operating cost, as defined by subdivision (a) of
Section 99247, at least equal to one-fifth if serving an urbanized
area or one-tenth if serving a nonurbanized area.
SEC. 5. Section 99268.3 of the Public Utilities Code is amended to
read:
99268.3. (a) In the case of an operator that is serving an
urbanized area, and that was eligible for funds under this article
during the 1978-79 fiscal year even though not required to be in
compliance with Section 99268 or that commenced operation after that
fiscal year, the operator shall be eligible for those funds in any
fiscal year, commencing with claims for the 1980-81 fiscal year, if
it maintains, for the fiscal year, a ratio of fare revenues to
operating cost, as defined by subdivision (a) of Section 99247, at
least equal to one-fifth.
(b) In the case of an operator that is serving an urbanized area,
and that was in operation during the 1978-79 fiscal year even though
not then eligible for funds under this article, but that has since
become eligible for those funds, the operator shall be eligible for
the funds in any fiscal year, commencing with the 1980-81 fiscal
year, if it complies with either of the following:
(1) The requirements of Section 99268.
(2) The requirements of subdivision (a).
SEC. 6. Section 99268.4 of the Public Utilities Code is amended to
read:
99268.4. In the case of an operator that is serving a
nonurbanized area, and that was eligible for funds under this article
during the 1978-79 fiscal year even though not required to be in
compliance with Section 99268 or that commenced operation after that
fiscal year, the operator shall be eligible for those funds in any
fiscal year, commencing with claims for the 1980-81 fiscal year, if
it maintains, for the fiscal year, a ratio of fare revenues to
operating cost, as defined by subdivision (a) of Section 99247, at
least equal to one-tenth.
SEC. 7. Section 99268.17 of the Public Utilities Code is amended
to read:
99268.17. (a) Notwithstanding subdivision (a) of Section 99247,
the following costs shall be excluded from the definition of
"operating cost" for the purposes of calculating any required ratios
of fare revenues to operating cost specified in this article:
(1) The additional operating costs required to provide comparable
complementary paratransit service as required by Section 37.121 of
Title 49 of the Code of Federal Regulations, pursuant to the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.), as identified in the operator's paratransit plan pursuant to
Section 37.139 of Title 49 of the Code of Federal Regulations that
exceed the operator's costs required to provide comparable
complementary paratransit service in the prior year as adjusted by
the Consumer Price Index.
(2) Cost increases beyond the change in the Consumer Price Index
for all of the following:
(A) Fuel.
(B) Alternative fuel programs.
(C) Power, including electricity.
(D) Insurance premiums and payments in settlement of claims
arising out of the operator's liability.
(E) State and federal mandates.
(3) Startup costs for new services for a period of not more than
two years.
(b) The exclusion of costs from the definition of operating costs
in subdivision (a) applies solely for the purpose of this article and
does not authorize an operator to report an operating cost other
than as defined in subdivision (a) of Section 99247 or a ratio of
fare revenue to operating cost other than as that ratio is described
elsewhere in this article, to any of the following entities:
(1) The Controller pursuant to Section 99243.
(2) The entity conducting the fiscal audit pursuant to Section
99245.
(3) The entity conducting the performance audit pursuant to
Section 99246.
SEC. 8. Section 99268.19 of the Public Utilities Code is amended
to read:
99268.19. If fare revenues are insufficient to meet the
applicable ratio of fare revenues to operating cost required by this
article, an operator may satisfy that requirement by supplementing
its fare revenues with local funds. As used in this section, "local
funds" means any nonfederal or nonstate grant funds or other revenues
generated by, earned by, or distributed to an operator.
SEC. 9. Section 99314.6 of the Public Utilities Code is amended to
read:
99314.6. (a) Except as provided in Section 99314.7, the following
eligibility standards apply:
(1) Except as provided in paragraph (2), funds shall not be
allocated for operating purposes pursuant to Sections 99313 and 99314
to an operator unless the operator meets either of the following
efficiency standards:
(A) The operator's total operating cost per revenue vehicle hour
in the latest year for which audited data are available does not
exceed the sum of the preceding year's total operating cost per
revenue vehicle hour and an amount equal to the product of the
percentage change in the Consumer Price Index for the same period
multiplied by the preceding year's total operating cost per revenue
vehicle hour.
(B) The operator's average total operating cost per revenue
vehicle hour in the latest three years for which audited data are
available does not exceed the sum of the average of the total
operating cost per revenue vehicle hour in the three years preceding
the latest year for which audited data are available and an amount
equal to the product of the average percentage change in the Consumer
Price Index for the same period multiplied by the average total
operating cost per revenue vehicle hour in the same three years.
(2) The transportation planning agency, county transportation
commission, or the San Diego Metropolitan Transit Development Board,
as the case may be, shall adjust the calculation of operating costs
and revenue vehicle hours pursuant to paragraph (1) to account for
either or both of the following factors:
(A) Exclusion of costs increases beyond the change in the Consumer
Price Index for fuel; alternative fuel programs; power, including
electricity; insurance premiums and payments in settlement of claims
arising out of the operator's liability; or state or federal
mandates, including the additional operating costs required to
provide comparable complementary paratransit service as required by
Section 37.121 of Title 49 of the Code of Federal Regulations,
pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12101 et seq.), as identified in the operator's paratransit plan
pursuant to Section 37.139 of Title 49 of the Code of Federal
Regulations.
(B) Exclusion of startup costs for new services for a period of
not more than two years.
(3) Funds withheld from allocation to an operator pursuant to
paragraph (1) shall be retained by the transportation planning
agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be, for
reallocation to that operator for two years following the year of
ineligibility. In a year in which an operator's funds are allocated
pursuant to paragraph (1), funds withheld from allocation during a
preceding year shall also be allocated. Funds not allocated before
the commencement of the third year following the year of
ineligibility shall be reallocated to cost effective high priority
regional transit activities, as determined by the transportation
planning agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, as the case may be. If that
agency or commission, or the board, determines that no cost effective
high priority regional transit activity exists, the unallocated
funds shall revert to the Controller for reallocation.
(b) As used in this section, the following terms have the
following meanings:
(1) "Operating cost" means the total operating cost as reported by
the operator under the Uniform System of Accounts and Records,
pursuant to Section 99243 and subdivision (a) of Section 99247.
(2) "Revenue vehicle hours" has the same meaning as "vehicle
service hours," as defined in subdivision (h) of Section 99247.
(3) "Consumer Price Index," as applied to an operator, is the
regional Consumer Price Index for that operator's region, as
published by the United States Bureau of Labor Statistics. If a
regional index is not published, the index for the State of
California applies.
(4) "New service" has the same meaning as "extension of public
transportation services" as defined in Section 99268.8.
(c) The restrictions in this section do not apply to allocations
made for capital purposes.
(d) The exclusion of costs increases described in paragraph (2) of
subdivision (a) applies solely for the purpose of calculating an
operator's eligibility to claim funds pursuant to this section and
does not authorize an operator to report an operating cost per
revenue vehicle hour other than as described in this section and in
Section 99247, to any of the following entities:
(1) The Controller pursuant to Section 99243.
(2) The entity conducting the fiscal audit pursuant to Section
99245.
(3) The entity conducting the performance audit pursuant to
Section 99246.
(e) The restrictions in this section shall not apply to the
allocation of funds made pursuant to Sections 99313 and 99314 after
January 1, 2010, and through the 2015-16 fiscal year.
(f) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 10. Section 99314.6 is added to the Public Utilities Code, to
read:
99314.6. (a) Except as provided in Section 99314.7, the
following eligibility standards apply:
(1) Except as provided in paragraph (3), funds shall be allocated
for operating or capital purposes pursuant to Sections 99313 and
99314 to an operator if the operator meets either of the following
efficiency standards:
(A) The operator shall receive its entire allocation, and any or
all of this allocation may be used for operating purposes, if the
operator's total operating cost per revenue vehicle hour in the
latest year for which audited data are available does not exceed the
sum of the preceding year's total operating cost per revenue vehicle
hour and an amount equal to the product of the percentage change in
the Consumer Price Index for the same period multiplied by the
preceding year's total operating cost per revenue vehicle hour.
(B) The operator shall receive its entire allocation, and any or
all of this allocation may be used for operating purposes, if the
operator's average total operating cost per revenue vehicle hour in
the latest three years for which audited data are available does not
exceed the sum of the average of the total operating cost per revenue
vehicle hour in the three years preceding the latest year for which
audited data are available and an amount equal to the product of the
average percentage change in the Consumer Price Index for the same
period multiplied by the average total operating cost per revenue
vehicle hour in the same three years.
(2) If an operator does not meet either efficiency standard under
paragraph (1), the operator shall receive its entire allocation and
the funds shall be allocated pursuant to this paragraph. The portion
of the allocation that the operator may use for operations shall be
the total allocation to the operator reduced by the lowest percentage
by which the operator's total operating cost per revenue vehicle
hour for the applicable year or three-year period calculated pursuant
to subparagraph (A) or (B) of paragraph (1) exceeded the target
amount necessary to meet the applicable efficiency standard. The
remaining portion of the operator's allocation shall be used only for
capital purposes.
(3) The transportation planning agency, county transportation
commission, or the San Diego Metropolitan Transit Development Board,
as the case may be, shall adjust the calculation of operating costs
and revenue vehicle hours pursuant to paragraph (1) to account for
either or both of the following factors:
(A) Exclusion of cost increases beyond the change in the Consumer
Price Index for fuel; alternative fuel programs; power, including
electricity; insurance premiums and payments in settlement of claims
arising out of the operator's liability; or state or federal
mandates, including the additional operating costs required to
provide comparable complementary paratransit service as required by
Section 37.121 of Title 49 of the Code of Federal Regulations,
pursuant to the federal Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.), as identified in the operator's
paratransit plan pursuant to Section 37.139 of Title 49 of the Code
of Federal Regulations.
(B) Exclusion of startup costs for new services for a period of
not more than two years.
(b) As used in this section, the following terms have the
following meanings:
(1) "Operating cost" means the total operating cost as reported by
the operator under the uniform system of accounts and records,
pursuant to Section 99243 and subdivision (a) of Section 99247.
(2) "Revenue vehicle hours" has the same meaning as "vehicle
service hours," as defined in subdivision (h) of Section 99247.
(3) "Consumer Price Index," as applied to an operator, is the
regional Consumer Price Index for that operator's region, as
published by the United States Bureau of Labor Statistics. If a
regional index is not published, the index for the State of
California applies.
(4) "New service" has the same meaning as "extension of public
transportation services" as defined in Section 99268.8.
(c) The restrictions in this section do not apply to allocations
made for capital purposes.
(d) The exclusion of cost increases described in paragraph (3) of
subdivision (a) applies solely for the purpose of calculating an
operator's eligibility to claim funds pursuant to this section and
does not authorize an operator to report an operating cost per
revenue vehicle hour, other than as described in this section and in
Section 99247, to any of the following entities:
(1) The Controller pursuant to Section 99243.
(2) The entity conducting the fiscal audit pursuant to Section
99245.
(3) The entity conducting the performance audit pursuant to
Section 99246.
(e) This section shall become operative on July 1, 2016.
