SECTIONS 99280-99299 - California Statutes

PUBLIC UTILITIES CODE

SECTION 99280-99299

99280. An included municipal operator shall not establish a public
transportation system either by adding new routes or extending
existing routes, by acquisition or otherwise, outside of its
boundaries and outside of the reserved service area consisting of the
area that would be formed by joining all points that are distant
three-quarters of one mile from any point of any of its regularly
scheduled routes in existence and in operation on March 1, 1971. No
point within such reserved service area shall be more than
three-quarters of a mile from a point on one of such regularly
scheduled routes, without first providing the governing board of the
transit district with a 60-day advance written notice of its
intention to add new routes or extend existing routes outside of the
reserved service area. Within 30 days of receiving such written
notice, the governing body of the transit district shall either (a)
notify the included municipal operator that the transit district does
not intend to add or extend the routes in question itself, in which
case the included municipal operator may proceed with implementation
of its plans; or (b) serve immediate notice upon the included
municipal opertor that the transit district desires to establish the
proposed new service itself and is otherwise not precluded from doing
so. In the event that the governing body of the transit district
elects to provide the service in question, it shall institute such
service within 60 days of the time proposed by the included municipal
operator for initiation of such service.
The operation by included municipal operators of new or extended
routes established pursuant to this section are subject to the
condition whereby the transit district may assume operation of such
new or extended routes, if it is not otherwise precluded from doing
so, after a 60-day notification by the transit district to the
included municipal operator. No route so assumed by the transit
district may be abandoned by the transit district without first
serving a 60-day written notice of intent to abandon on the included
municipal operator which previously provided the service. Subsequent
to the abandonment by the transit district, the included municipal
operator may, at its option, resume service if it is not otherwise
precluded from doing so.
Any included municipal operator, as a condition precedent to
filing a claim under Article 4 (commencing with Section 99260) of
this chapter, shall file with the transportation planning agency a
certified route map showing those regularly scheduled routes in
existence and in operation on March 1, 1971, outside of its
boundaries. Such certified map shall also indicate by an appropriate
legend the service area where the consent of the transit district is
not required under the terms of this section.
The establishment of new routes, or the extension of existing
routes, outside the boundaries of an included municipal operator, but
within the reserved service area, as defined in this section, shall
not be permitted where the operation or establishment of such routes
will compete with or divert patronage from a route of the transit
district as of the date the transit district is given the notice
hereinafter required. Before any such new routes are established or
existing routes are extended, the included municipal operator shall
give the transit district an appropriate 60-day notice.

99281. The transit district may operate or establish new routes or
extend existing routes in all or part of the area outside a municipal
operator, except where the operation or establishment of that
service will compete with or divert patronage from an existing
service of any included municipal operator or service in a reserved
service area under Section 99280. However, this limitation upon the
district does not apply with respect to services established outside
a reserved service area by an included municipal operator under
Section 99280.
Unless both the department and the statutorily created regional
transportation planning agency designate otherwise, the transit
district has the sole prerogative of using funds available under this
chapter for the purpose of constructing and operating a
grade-separated mass transit system, regardless of whether the
operation of the system competes with or diverts patronage from any
services of an included municipal operator.

99282. All operators shall be encouraged to establish maximum
coordination of public transportation services, fares, transfer
privileges, and all other related matters for the overall improvement
of public transportation service to the general public requiring
such services within the affected areas.

99282.5. Where there are two or more operators within its area of
jurisdiction, the transportation planning agency, the county
transportation commission, and the San Diego Metropolitan Transit
Development Board, as the case may be, shall adopt, not later than
July 1, 1980, rules and regulations to provide for transfers between
the public transportation services of the operators so that such
services will be coordinated.

99283. The consent of a transit district to the operation of a
public transportation system by an included municipal operator
pursuant to Section 99280 may include a requirement for interchange
of transfers on an appropriate basis between the public
transportation system of the included municipal operator and the
public transportation system of the transit district, or any nominee
of such transit district, in connection with the furnishing of
services by such public transportation systems.

99284. The violation by a transit district or an included municipal
operator of any provisions of this article, or of any agreement
between them with regard to providing public transportation services,
shall disqualify the violator from filing a public transportation
claim pursuant to Article 4 (commencing with Section 99260) of this
chapter, and the transportation planning agency shall take no further
action in connection with the approval of any pending public
transportation claim of such violator until it determines that such
violation has ceased.

99285. (a) The county transportation commissions created pursuant
to Division 12 (commencing with Section 130000), including those
agencies in Los Angeles County created by statute that assume the
same statutory obligations as county transportation commissions,
shall submit to the transportation planning agency those claims to be
funded, and the transportation planning agency shall approve only
those claims submitted.
(b) Each commission shall adopt appropriate criteria by which
claims shall be analyzed and evaluated, and shall approve only those
claims which will provide for a coordinated public transportation
system consistent with the adopted transportation improvement program
and adopted regional transportation plan and which will not result
in undesirable duplication of public transportation services.
(c) In considering proposals, the Los Angeles County Metropolitan
Transportation Authority shall consider, among other things, the fare
revenue to operating cost ratio and the public transit service
mileage of each operator in the authority operating area, but under
no circumstances shall the included municipal operators in existence
and receiving formula allocation program funding on July 1, 1996,
receive less than the percentage of state, federal, and local funds
allocated in the 1995-96 fiscal year for bus services. An operator
designated as an included municipal operator effective July 1, 1996,
shall, under no circumstances, receive less than its percentage of
state, federal, and local funds for eligible services pursuant to the
formula specified in subdivision (d).
Under no circumstances shall included or eligible municipal
operators, as defined in Sections 99207 and 99207.5, respectively, in
existence on July 1, 1996, and receiving formula-equivalent funding
from sources other than federal operating funds pursuant to Section
5307 of Title 49 of the United State Code, and funds claimed under
Article 4 (commencing with Section 99260) and Article 6.5 (commencing
with Section 99310) of this chapter receive less than the
proportional share allocated during the 1995-96 fiscal year from the
Proposition A 40 percent fund and other available funding sources.
(d) Commencing with the 1996-97 fiscal year, eligible and included
municipal operators and the Los Angeles County Metropolitan
Transportation Authority shall continue to be allocated not less than
the amount that would be allocated to them under the formula
allocation procedure in effect July 1, 1995, and under subdivision
(i). Based upon audited transit performance data submitted for bus
transit operations covering the most recent year for which audited
data is available, each of those operator's share of the funds
available for allocation shall be calculated as follows: 50 percent
of the operator's vehicle service miles, and 50 percent of the
operator's passenger revenues divided by its base cash fare.
(e) A three-fourths vote of the principal members of the Los
Angeles County Metropolitan Transportation Authority shall be
required to modify the formulas for allocating of funds available for
bus service under this section to the authority operator and
included and eligible municipal operators, as defined or described in
Sections 99207, 99207.5, and 130050.2.
(f) (1) A two-thirds vote of the members shall be required in
order to establish or change the criteria for admitting new included
municipal operators for eligibility for funds allocated under Article
4 (commencing with Section 99260).
(2) A two-thirds vote of the members shall be required, based on
the criteria in effect under paragraph (1), to allocate funds under
Article 4 (commencing with Section 99260) to any "included municipal
operator," as defined in subdivision (d) of Section 99207, which has
not previously received funds under this article.
(g) The Los Angeles County Metropolitan Transportation Authority
shall give equal consideration to the capital projects of all
operators in the county, and shall allocate regional federal bus
transit capital funds based on the authority's capital allocation
procedure existing on July 1, 1995, exclusive of funds specifically
earmarked by federal law for other purposes.
(h) It is the intent of the Legislature that neither this section
nor the creation of the Los Angeles County Metropolitan
Transportation Authority and its operating organizational unit shall
impact the allocation of funds pursuant to Article 8 (commencing with
Section 99400) by local agencies currently eligible to receive these
funds.
(i) As part of the formula allocation procedure used to distribute
from a state transit assistance fund, the Mills-Deddeh
Transportation Development Act (Division 11 (commencing with Section
120000) of the Public Utilities Code), Section 5307 of Title 49 of
the United States Code, and Proposition A 40 percent funds pursuant
to this chapter, and federal operating funds to Los Angeles County
operators, eligible and included municipal operators designated on
September 25, 1991, or July 1, 1992, who, since that time, have
received annual allocations of local sales tax funding in lieu of
specified formula funds, shall continue to receive those same
formula-equivalent levels of funding from local discretionary
sources. Included municipal operators who receive annual allocations
of local sales tax funding for specified services or service levels
shall continue to receive equivalent levels of funding allocated from
local sources for these services in the 1995-96 fiscal year.
(j) Ninety percent of the Proposition C 5 percent security funds
shall be allocated to the included and eligible municipal operators
and the Los Angeles County Metropolitan Transportation Authority
according to their proportionate number of transit passengers served.
The funds shall be allocated only to those operators which have
filed with the Los Angeles County Metropolitan Transportation
Authority a cost-effective program to provide transit security
services. Any unallocated funds shall revert to the remaining balance
of security funds which shall be disbursed at the discretion of the
Los Angeles County Metropolitan Transportation Authority.
(k) This section shall not impact or restrict the use of those
portions of Mills-Deddeh Transportation Development Act, Proposition
A, or Proposition C local return or other transportation funds
allocated to cities or counties by population nor shall this section
restrict the level or source of funding programmed by local
jurisdiction to operators.

99285.1. For any fiscal year commencing on and after July 1, 1975,
in determining the allocation of any operator pursuant to Section
99285, the public transit service mileage of any operator which has
lost any days of operation due to strikes occurring prior to August
1, 1975, civil disorders, or acts of God shall equal its actual
public transit service mileage times the number of days it would have
been in operation but for such causes, divided by the number of days
it was in actual operation.

99285.2. (a) Notwithstanding subdivision (a) of Section 99285, any
county transportation commission created pursuant to Division 12
(commencing with Section 130000) may adopt a resolution electing to
approve the proposals to be funded and shall approve only those
claims submitted for its approval.
(b) Notwithstanding subdivision (a) of Section 99285, for the
County of Imperial, the Imperial Valley Association of Governments
shall submit to the transportation planning agency those proposals to
be funded, and the transportation planning agency shall approve only
those claims submitted for those proposals. Alternatively, the
Imperial Valley Association of Governments may adopt a resolution
electing to approve the proposals to be funded and shall approve only
those claims submitted for those proposals.

99286. Notwithstanding any other provision of law, no operator may
plan or establish a public transportation system by adding or
extending routes, by acquisition or otherwise, into the area of a
contiguous transit district, nor may moneys be allocated from the
fund of the county where such addition or extension is contemplated
for such purposes, without the consent of the affected transit
district.

99287. (a) No provision of this article shall preclude the San
Francisco Bay Area Rapid Transit District from planning, acquiring,
constructing, and operating its system within or without the
territory of the district as provided for by Article 5 (commencing
with Section 29030), Chapter 6, Part 2 of Division 10.
Notwithstanding the provisions of subdivision (d) of Section 99220,
in the event an extension is to be made into a county for which
services have not been provided, the moneys within the fund of that
county may be used to pay the costs of securing such services.
(b) Notwithstanding subdivision (a) or the limitations of Section
99231, during a period of up to five years that the San Francisco Bay
Area Rapid Transit District is planning any extension of its system
into a county outside of the district but with a coterminous boundary
with the district and which contains a major transportation facility
belonging to another county or city and county, the Metropolitan
Transportation Commission may order that any funds in the local
transportation fund of such county that are not necessary to pay
approved claims under Article 4 (commencing with Section 99260) of
this chapter be retained.

99288. (a) Any city, county, or transit district may enter into a
contract with any operator, except with an included municipal
operator unless specifically approved by the governing body of the
transit district in whose area the included municipal operator is
located, for the operator to provide public transportation service in
the city, county, or transit district. In that case, the operator
providing the service may include the claim of the city, county, or
transit district, as the case may be, with its claim. The claim may
include an amount for reimbursement of the actual costs incurred by
the city, county, or transit district for the administration, review,
and monitoring of the contract. The amount so claimed shall not
exceed 5 percent of the total amount of the contract for public
transportation service in the city, county, or transit district.
(b) With the prior express authorization of the department, a
transit district may include in its claim a proportional amount for
regularly scheduled services outside its boundaries even though the
contract specified in subdivision (a) has not been executed.

99289. (a) Funds received by a city or county designated as an
included municipal operator pursuant to subdivision (b) of Section
99207 because it is not receiving adequate local public
transportation service from any transit districts in which it is
located may only be used by such a city or county to contract with an
operator for public transportation services.
(b) If the Metropolitan Transportation Commission determines that
it is not feasible on the basis of, among other things, cost to
contract with an operator pursuant to subdivision (a), the city or
county may use the funds for either or both of the following:
(1) The development and operation of a public transportation
system.
(2) Public transportation service received under contract from an
operator providing such service since at least July 1, 1972, or from
a common carrier, as defined in Section 211, which is under the
jurisdiction and control of the Public Utilities Commission and which
is engaged in the transportation of persons, as defined in Section
208.
(c) The system or the service under the contract, as the case may
be, shall be consistent, as determined by the Metropolitan
Transportation Commission, with the regional transportation plan.

99299. The provisions of this article shall control over the
provisions of any other act or law applicable to a transit district
to the extent of any conflict with such provisions.