Bill Text


Add To My Favorites | print page

AB-1196 Public transportation.(2001-2002)

SHARE THIS: share this bill in Facebook share this bill in Twitter
AB1196:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 1196

Introduced  by  Assembly Member Maldonado

February 23, 2001

An act to amend Sections 99268.5 and 99401.5 of the Public Utilities Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1196, as introduced, Maldonado. Public transportation.
Under the Mills-Alquist-Deddeh Act, in order for transit districts, as defined, to be eligible for an allocation of certain transportation funds, an operator, as defined, is generally required to maintain a certain ratio of fare revenues to operating costs (fare box ratio) depending upon whether the operator’s vehicles are used exclusively for the use of elderly and handicapped persons or involve combined services. Existing law requires a transportation planning agency, prior to making any allocation not directly related to public transportation services, specialized transportation services, or facilities for pedestrians or bicycles, to consult with the social services transportation advisory council, and to identify the unmet transit needs of the jurisdiction and those needs that are reasonable to meet to identify the transit needs that have been considered as part of the transportation planning process.
This bill would provide that in each county that had less than 500,000 population as determined by the most recent federal decennial census, an operator would be required to maintain a ratio of fare revenues to operating cost in accordance with a schedule as follows: at least 5% if serving an area of 100,000 population; 7 1/2% if serving an area of more than 100,000 but less than 250,000; and at least 10% if serving an area of 250,000 but less than 500,000.
The bill would require a transportation planning agency in identifying transit needs to include consideration of taxi service and vouchers as alternative public transportation service.
The bill would require the transportation planning agency to hold at least one public hearing during regular business hours and to undertake other public outreach programs for the purpose of soliciting public comments on the unmet transit needs.
The bill would require the transportation planning agency in identifying the unmet transit needs and those needs that are reasonable to meet to consider the cost of service of a transit operator in which at least the minimum fare box ratio is met to be deemed reasonable to meet.
The bill would require each transportation planning agency to adopt criteria as to the terms “unmet transit needs” and “reasonable to meet” and to document the fact that a transit need cannot be fully met.
To the extent that this bill would impose additional duties on transportation planning agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 99268.5 of the Public Utilities Code is amended to read:

99268.5.
 (a) Commencing with claims for the 1980–81 fiscal year, no Except as provided in this section, no funds shall be allocated under this article in any fiscal year to an operator providing services using vehicles for the exclusive use of elderly and handicapped persons, unless the operator maintains, for the fiscal year, a ratio of fare revenues to operating cost, as defined by subdivision (a) of Section 99247, for those services at least equal to one-tenth or to the ratio it had for those services during the 1978–79 fiscal year, whichever is greater.
(b) Notwithstanding subdivision (a), an operator which provides both exclusive transportation services for elderly and handicapped persons and regular scheduled public transportation services may be allocated funds under this article for the exclusive service if the combined services qualify under Section 99268.1, 99268.2, 99268.3, or 99268.4, as the case may be, and the ratio of fare revenues to operating cost for the combined service shall not be less than the ratio required in order to make allocations to the operator for its regular scheduled services.
(c) In a county which that had less than 500,000 population as determined by the 1970 federal decennial census and more than 500,000 in population as determined by the 1980 or 1990 federal decennial census, an operator in the county shall maintain 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.
(d) In each county that had less than 500,000 population as determined by the most recent federal decennial census, an operator in that county shall maintain a ratio of fare revenues to operating cost, as defined by subdivision (a) of Section 99247, as follows:
(1) At least 5 percent if serving an area of less than 100,000 in population.
(2) At least 7 1/2 percent if serving an area of more than 100,000 population but less than 250,000 population.
(3) At least 10 percent if serving an area of 250,000 population but less than 500,000 population.

SEC. 2.

 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, 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 that 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, including consideration of taxi service or vouchers as an alternative means.
(c) Identify the unmet transit needs of the jurisdiction and those needs that are reasonable to meet. Any cost of service in which the operator maintains, at least the minimum ratio of fare revenues to operating costs as set forth in Section 99268.5 shall be deemed reasonable to meet. The transportation planning agency shall hold at least one public hearing during regular business hours pursuant to Section 99238.5 and shall undertake other public outreach programs 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 and criteria 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 shall be documented and if that failure is based on available resources that factor 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.

SEC. 3.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.